Vince v. Wilson, 151 Vt. 425 (1989) p152

duty: negligent entrustment

• P was seriously injured in a car accident
• D had provided funding for the driver of the car to buy the car
• D knew driver had a drug and alcohol problem

P brought suit against D as well as the dealer and person who sold the car.

Did the trial court err in submitting the question to the jury or should have there been a directed verdict? Is D negligent in providing the means with which to purchase the car, although she knew the purchaser did not have a license and had a drug problem?

There is a case of negligent entrustment when a person helps anther to do something that the person knows is wrong. Such as buying a car for someone who does not know how to drive.

The question was correctly submitted to the jury. This is a case of negligent entrustment.

Both parties can share the negligence: one in entrusting the auto to an incompetent driver, and the other in its operation. D knew the operator had no driver's license. She knew of his drug and alcohol problem.