Foster v. Integrity Mutual Insurance Co., No. 20-1132 (8th Cir. 2021)
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The Eighth Circuit affirmed the district court's grant of summary judgment to Integrity in an action brought by plaintiff for negligent performance of an undertaking. Plaintiff filed suit after he was injured in a cab driven by a drunk driver, alleging that Integrity should have done a better background check on the cab driver.
The court concluded that Integrity did not owe any duty to plaintiff under Iowa law. The court explained that, even assuming Integrity could have discovered the cab driver's Minnesota DWI, its review of his records did not put plaintiff in a worse situation because the cab company put the driver behind the wheel. Therefore, plaintiff failed to state a duty as a matter of law under the Restatement (Second) of Torts, Sec. 324A. The court also concluded that there was no liability under Sec. 324A(c) of the Restatement because the cab company did not rely on the insurer's background check and conducted its own review of the driver's record.
Court Description: [Kobes, Author, with Loken and Grasz, Circuit Judges] Civil case - Torts. Plaintiff was injured while riding in a taxi driven by a drunk cab driver and sued the cab company's insurer for negligent performance of an undertaking, arguing the insurerer should have done a better background check on the driver; the district court did not err in granting the insurer's motion for summary judgment as the insurer did not owe any duty to plaintiff under Iowa law; even assuming the insurer could have discovered the driver's Minnesota DWI, its review of his records did not put plaintiff in a worse situation because the cab company put the driver behind the wheel; as a result, plaintiff failed to establish a duty as a matter of law under the Restatement (Second) of Torts, Sec. 324A; nor was there liability under Sec. 324A(c) of the Restatement because the cab company did not rely on the insurer's background check and conducted its own review of the driver's record
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