Negligence: Negligent Entrustment – Drunk Driver – No Third Party Injury

Where the family of a man, who habitually drove his employer’s van drunk and was killed in a one-car accident, brought an action for negligent entrustment against the employer, the trial court erred in dismissing the action for failure to state a claim because a person who negligently entrusts a vehicle to another may be held liable for the person’s injuries, even when no third party is injured, and despite the person’s voluntary consumption of alcohol, when the entruster should have known that the person would drive while intoxicated.

Judgment is reversed and remanded.

Hays v. Royer (MLW No. 64180/Case No. WD74772 – 12 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Appealed from circuit court, Jackson County, Kanatzer, J. (Daniel J. Baylard, Blue Springs, for appellant) (Joseph J. Roper and Michael L. Belancio Kansas City, Missouri, for respondent).

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