Martell v. Driscoll
Annotate this CaseDefendant allowed Kim Driscoll to drive a car belonging to Defendant and others knowing Driscoll was incapable of safely driving the car because he drank alcohol on a daily basis and was a known reckless driver. Driscoll filed a negligent entrustment claim against Defendant and the other owners of the vehicle, claiming they owed him a duty not to give him control of the vehicle. The district court dismissed Driscoll's petition for failure to state a claim on the basis that state law does not recognize a first-party negligent entrustment claim. The district court then certified its decision as a final judgment. The Supreme Court reversed, holding that Kansas law recognizes first-party negligent entrustment claims. Remanded.
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