Hook v. Harmon
315 Ga. App. 278
Ga. Ct. App.2012Background
- Hook sought interlocutory appeal of trial court's denial of summary judgment in negligent entrustment suit
- Wade Harmon, age 18, drove a car with suspended license at Hook's request while Hook slept
- Wade lost control and died; Harmons' suit alleges negligent entrustment by Hook
- Trial court denied Hook's summary-judgment motion; court of appeals reverses
- Court holds Wade's own negligence was sole proximate cause, barring negligent entrustment liability
- Evidence of Hook's knowledge of Wade's license status or driving history offered no viable alternative theory; no coercion or incompetency shown
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wade's negligence was the sole proximate cause | Harmons contend entrustment contributed to accident | Wade's own negligence sole proximate cause; entrustment not a proximate cause | Yes; Harmons' claim barred; Wade sole proximate cause |
| Whether there is evidence of negligent entrustment supporting Harmons' claim | Hook knew Wade's license status/record and still entrusted vehicle | No competent evidence of Hook's knowledge or coercion; no incompetence shown | No genuine issue; entrustment not proven as proximate cause |
| Whether summary judgment for Hook was appropriate as a matter of law | Genuine issues of material fact exist about entrustment | Even if facts viewed in Harmons' favor, Wade sole proximate cause | Yes; trial court erred; judgment for Hook affirmed on appeal (reversed to grant summary judgment) |
Key Cases Cited
- Hicks v. Heard, 297 Ga.App. 689 (Ga. App. 2009) (negligent entrustment requires entrustor's actual knowledge of driver incompetence or recklessness)
- Saunders v. Vikers, 116 Ga.App. 733 (Ga. App. 1967) (entrustor's liability requires knowledge of driver’s incompetency or recklessness)
- Ridgeway v. Whisman, 210 Ga.App. 169 (Ga. App. 1993) (entrustor liability limited when entrustee's own negligence is sole or superseding proximate cause)
- Spivey v. Sellers, 185 Ga.App. 241 (Ga. App. 1987) (unlicensed minor driver; entrustor not liable when entrustee's own violations predominate)
- Cummings v. Grubb, 184 Ga.App. 872 (Ga. App. 1987) (child's negligence can bar parental negligent entrustment recovery)