Shafer v. TNT Well Service, Inc., 285 P.3d 958

Clyde was hired as a rig operator by TNT Well Service in 2008 and used a TNT pickup to travel to well sites within ~100 miles of Gillette, WY.
On February 12, 2009, Clyde drove the TNT pickup, crossed Highway 16 centerline, and collided head-on with Shafer’s tractor-trailer; Clyde died; Shafer was injured and his truck damaged; post-accident test showed controlled substances in Clyde’s blood.
Shafer sued TNT for vicarious liability, negligent hiring/supervision, and negligent entrustment; TNT moved for summary judgment arguing Clyde’s employment ended at least an hour before the collision and that Clyde was not acting within the course and scope of employment.
The district court granted summary judgment on all claims, including the argument that Clyde’s employment ended before the accident; the court found Clyde outside the scope of employment and the entrustment terminated with employment.
On appeal, the Wyoming Supreme Court reverses the summary judgment on negligent supervision and negligent entrustment, addressing whether a duty under Restatement (Second) of Torts § 317 should be recognized and whether genuine issues exist as to termination and entrustment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Clyde’s employment was terminated before the collision.	Shafer argues Clyde’s employment was not terminated prior to the accident.	TNT contends Clyde’s employment was terminated on the day of the accident.	Genuine issue of material fact on termination exists.
Whether Restatement § 317 imposes a duty of reasonable care on the employer for acts outside the scope of employment.	Shafers seek direct liability under § 317 for negligent supervision.	TNT argues § 317 does not apply or create liability here.	Duty under § 317 recognized; employer may be liable for supervising employee.
Whether TNT was negligent in entrusting the vehicle to Clyde.	Shafers claim entrustment liability despite Clyde acting outside employment.	TNT argues entrustment is unsupported if Clyde’s employment was terminated.	Summary judgment on negligent entrustment reversed; issue reserved for trial.

Killian v. Caza Drilling, Inc., 2006 WY 42, 131 P.3d 975 (Wy. 2006) (recognition of duty under § 317 and general duty analysis)
Gates v. Richardson, 719 P.2d 193, 196 (Wyo.1986) (factors for determining duty in negligence)
Moore v. Kiljander, 604 P.2d 204 (Wyo.1979) (negligent entrustment theory and liability independent of employment)