314 P.3d 193
Idaho2013Background
- Tafts sued Jumbo Foods for negligent entrustment and imputed liability after a 2008 motor-vehicle crash in Oneida County involving a Ranger previously used by Jumbo Foods and later sold to Clay Gummersall.
- The Ranger was titled in Jumbo Foods’ name; Clay had possession and used it in Jumbo Foods’ business.
- A July 1, 2008 handwritten agreement indicated Jumbo Foods was selling the Ranger to Clay for $5,000; the purchase price was later reduced, and a bill of sale transferring title to Clay occurred July 18, 2008.
- Insurance coverage for the Ranger was obtained effective July 1, 2008; title and registration moves occurred after the accident (July 6, 2008).
- Derek Gummersall, Clay’s minor son, drove the Ranger during the crash; Trevor Taft was injured as a passenger.
- The district court granted summary judgment for Jumbo Foods on imputed liability and negligent entrustment; Tafts appealed seeking reversal on imputed liability and affirmation of other rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion denying strikes to affidavits. | Tafts contend affidavits are conclusory and self-serving. | Jumbo Foods argues affidavits were based on personal knowledge and not mere legal conclusions. | No abuse of discretion; affidavits admissible on personal knowledge. |
| Whether Jumbo Foods bears imputed liability under I.C. § 49-2417. | Jumbo Foods retained ownership and control, thus liable for permission to operate. | Ownership alone does not determine control; no permission or control shown. | Vacate and remand to determine whether Jumbo Foods had the right to control the Ranger at the time. |
| Whether Jumbo Foods is liable for negligent entrustment. | Right to control is enough for liability if foreseeability exists that driver may misuse." | No evidence that Derek was notoriously likely to misuse the vehicle; no liability. | Affirmed district court’s grant of summary judgment for Jumbo Foods on negligent entrustment. |
| Whether the statute of limitations bars the Tafts’ claims, including derivative and independent claims. | Derivative tolling under I.C. 5-230 should toll for Trevor’s recovery; independent claims may also be tolled. | Derivative claims are not tolled; independent claims barred by two-year limit; no tolling for adults. | Independent/direct claims barred; remanded to address Trevor’s medical expenses; tolling not available for parents’ claims. |
| Whether the Tafts are entitled to attorney fees on appeal. | Fees allowed under I.C. § 12-121. | Rule 41 and §12-121 require substantive basis; none provided. | Not entitled to attorney fees on appeal. |
Key Cases Cited
- Lopez v. Langer, 114 Idaho 873 (Idaho 1988) (authority on right to control in negligent entrustment)
- Colborn v. Freeman, 98 Idaho 427 (Idaho 1977) (imputing liability depends on ownership/permission to operate)
- Ransom v. City of Garden City, 113 Idaho 202 (Idaho 1987) (negligent entrustment—control standard and risk philosophy)
- Lasselle v. Special Products Co., 106 Idaho 170 (Idaho 1983) (waiver of medical expenses by parents; child may recover with waiver)
- Steele v. Spokesman-Review, 138 Idaho 249 (Idaho 2002) (standard for appellate review of summary judgment and discretion)
- Esser Elec. v. Lost River Ballistics Tech. Inc., 145 Idaho 912 (Idaho 2008) (admissibility of affidavits in summary judgment context)
- State v. Shama Resources Ltd. P’ship, 127 Idaho 267 (Idaho 1995) (personal knowledge and admissibility guidelines)
- Allied Group Ins. Co. v. Allstate Ins. Co., 123 Idaho 733 (Idaho 1993) (interpretation of implied permission and control in liability)