McKenna v. Beesley
Annotate this CaseIn February 2018, Blake McKenna filed a form complaint against Lance Beesley and Smoothreads, Inc. (Smoothreads). McKenna alleged that on August 4, 2017, he was a pedestrian lawfully crossing the street when he was struck by a vehicle driven by Ann Rogers. McKenna alleged that Rogers’s vehicle struck him due to the negligence of “Doe 1,” (i.e., Ronald Wells) who had “negligently [run] a red light.” Specifically, McKenna alleged that Wells negligently drove his vehicle through a red light, striking Rogers’s vehicle; Rogers’s vehicle in turn struck McKenna. McKenna alleged that he suffered severe bodily injuries as a result of the accident. McKenna also alleged that Wells was driving a vehicle owned by Beesley and Smoothreads. McKenna contended Beesley and Smoothreads knew or should have known that, due to Wells’s past driving experience and/or lack of driving experience, Wells was a negligent driver who created a risk of harm to persons and property and that Beesley and Smoothreads nevertheless knowingly entrusted Wells with the use of the vehicle involved in the accident. The Court of Appeal concluded that a jury may find that an owner who breaches its Vehicle Code section 14604 duty and permits an unlicensed driver to drive the owner’s vehicle had constructive knowledge of the driver’s incompetence to drive. Under the circumstances of this case, the Court held a jury may find that the hirer has constructive knowledge of the hiree's incompetence to drive. The February 28, 2020 judgment in favor of Smoothreads and the September 6, 2019 order granting Smoothreads’s motion for summary judgement were reversed. The October 30, 2019 judgment in favor of Beesley and the September 6, 2019 order granting Beesley’s motion for summary judgment were also reversed.
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