Merriam-Webster defines a Negligent-Entrustment Claim as:
“the entrusting of a dangerous article (as a motor vehicle) to one who is reckless or too inexperienced or incompetent to use it safely…”
In 2014, the plaintiff was driving his vehicle on a two-lane roadway when the defendant drove across the double yellow line, entered the oncoming lane of traffic, striking the plaintiff’s vehicle in the process. The police report noted excessive speed, an improper lane change, and the defendant driver who was under the influence contributed to the accident.
As a result of the accident, the plaintiff sustained a severe ankle injury, lost wages, and faced mounting medical bills. His ankle injury would require five surgeries, and five years after the accident, he is still in pain.
The defendant driver did not own the vehicle he was driving. The defendant driver was friends with the son of the car’s owner. The son was riding in the passenger seat when the accident occurred.
Netemeyer and Harper discovered the car’s owner had a $1 Million umbrella policy, and after lengthy litigation, the father’s umbrella policy did not cover the defendant driver. Not to be deterred, Netemeyer and Harper continued to fight for their client and filed a negligent-entrustment claim on the father’s policy.
“The policy was applicable to the son because his permanent residence was at his parents’ home even though he lived in another city.”
Due to Netemeyer and Harper’s persistence, the insurance company would eventually add $800,000 to the $350,000 policy limits of the defendant driver and vehicle owner.
Harper, Evans, Wade, Netemeyer, is located in Columbia, Missouri, and serves clients throughout the state in personal injury claims, family law matters, and criminal defense. The firm’s lawyers have more than 100 years of combined experience and have a team of skilled legal professionals that stand ready to help you.
Advocate Capital, Inc. is proud to support the firm Harper, Evans, Wade, Netemeyer, and all plaintiff attorneys as they pursue justice on behalf of those injured through the fault of others.
Senior Executive Client Manager