Negligent entrustment injury win. They said it could not be done. They said that you cannot win a negligent entrustment case. Who are they what is negligent entrustment. They are the insurance company. You have no case they say. You will not win they say. You are not even sure of who the actual driver of the car they say.
The requirements for negligent entrustment in Pennsylvania for Personal Injury (PI) cases are the following: Prove that the driver was negligent in driving the vehicle; Defendant owned the vehicle operated by the driver with the owner’s permission; Defendant knew or should have known the driver was incompetent or unfit to drive the vehicle; Defendant permitted the driver to drive the vehicle; and the driver’s incompetence or unfitness to drive was a substantial factor in causing harm to the plaintiff.
Insurance companies say no; Personal Injury Lawyer Thomas Kenny says yes. In Philadelphia, Client is a 14 child walking home from grandmom’s house after visiting and is crossing the street at the crosswalk when BAM! a car hits him forcing the child to roll over the engine and fly across the street causing injuries.
Luckily the child survives and luckily an eyewitness emerges and comforts the boy and calls his family. This eyewitness writes down the tag number of the car after the driver jumps out and says “your ok” and then flees the scene. A disgrace.
Immediately following this the eyewitness (who should be given a medal at this point!) gets the mom’s number off the boy and she calls. Police, ambulance and of course mom come rushing to scene to provide aid to the child.
The mom and child sue the owner of the car. The driver had given a false name and fled the scene. The only thing the family has is the license plate.
The family hires personal injury motor vehicle accident lawyer Thomas Kenny to aid in their fights for justice. Attorney Kenny and his team at Kenny, Burns & McGill sue the defendant who owns the car.
Besides the insurance company saying they were not responsible they claim the car in question was not even in the state at the time of the incident. Insurance company denies the claim.
After a thorough investigation, the team files suit. At arbitration, Attorney Kenny calls the owner’s daughter who also owns the car and it turns out she was not in the state at the time of the incident but her car was!! Daughter defendant left her car with the keys on the dresser for her boyfriend to take. When asked by Kenny if the boyfriend was allowed to drive the car, Daughter said oh no he has a suspended drivers’ license.
Damages for plaintiff; case closed. Another great result for the Philly Injury team at Kenny, Burns & McGill. If you or a loved one suffers an accident call or text us today at (215) 423-5500. We can be reached 24/7. Negligent entrustment injury win.