Earlier this year, an appellate court in Georgia issued an opinion in a car accident case that required the court to discuss and apply the negligent entrustment doctrine. Ultimately, the court determined that the plaintiff presented sufficient evidence of the employer’s knowledge of the at-fault employee’s checkered driving history to survive summary judgment.
The plaintiff was injured in an accident caused by a drunk driver. The drunk driver was operating a truck that he had borrowed from his employer. The plaintiff filed a personal injury lawsuit against not just the drunk driver but also the employer. The plaintiff claimed that the employer was negligent in allowing the employee to use the truck.
The plaintiff presented evidence that during the driver’s employment interview, he disclosed the fact that he had several prior convictions for driving under the influence of drugs or alcohol. Evidently, the employer pulled a criminal background check for the employee, which came back clean, but that check only looked back three years. The employer never pulled a driving history for the employee.