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NEGLIGENT ENTRUSTMENT ACTION SURVIVED SUMMARY JUDGMENT, DEFENDANT ENTRUSTED HER MOTORCYCLE TO AN OPERATOR WHO DID NOT HAVE A DRIVER’S LICENSE (THIRD DEPT).

The Third Department determined the action for negligent entrustment of a motorcycle properly survived a summary judgment motion. The motorcycle was borrowed by Perkins from Hines. When Zimmer pulled out of his driveway, Perkins, who was operating the motorcycle, swerved and hit a tree. Perkins sued Zimmer and Zimmer sued Hines for negligent entrustment. Perkins had a driving permit but did not have a driver’s license:

… [T]his appeal deals with a negligent entrustment cause of action; the issue is not Perkins’ negligence in operating the motorcycle, but whether Hines should have entrusted the motorcycle to him in the first instance … . Thus, the fact that Perkins did not possess a motorcycle license “is a factor to consider in determining whether” Hines knew or should have known if Perkins was competent to operate her motorcycle. …

We reject Hines’ argument that a negligent entrustment cause of action cannot stand under the present circumstances because the person who was injured (Perkins) was the one to whom a dangerous instrument was allegedly negligently entrusted … . Similarly, it is irrelevant that Zimmer was not physically injured. The injury alleged to him here is “financial harm resulting from potential liability of a ‘concurrent’ tort-feasor” for Perkins’ injuries while using the dangerous instrument … . Zimmer is not precluded from obtaining a recovery from Hines merely because Perkins may not be able to directly recover from Hines based on her negligent entrustment of the motorcycle to him; the situation is analogous to one in which a third-party tortfeasor “may implead for contribution or indemnity the employer of an injured employee, despite the employee’s inability to recover from the employer directly” due to the Workers’ Compensation Law … . Perkins v County of Tompkins, 2018 NY Slip Op 02530, Third Dept 4-12-18

​NEGLIGENCE (MOTORCYCLE, NEGLIGENT ENTRUSTMENT ACTION SURVIVED SUMMARY JUDGMENT, DEFENDANT ENTRUSTED HER MOTORCYCLE TO AN OPERATOR WHO DID NOT HAVE A DRIVER’S LICENSE (THIRD DEPT))/NEGLIGENT ENTRUSTMENT (MOTORCYCLE, NEGLIGENT ENTRUSTMENT ACTION SURVIVED SUMMARY JUDGMENT, DEFENDANT ENTRUSTED HER MOTORCYCLE TO AN OPERATOR WHO DID NOT HAVE A DRIVER’S LICENSE (THIRD DEPT))/MOTOCYCLES (NEGLIGENT ENTRUSTMENT ACTION SURVIVED SUMMARY JUDGMENT, DEFENDANT ENTRUSTED HER MOTORCYCLE TO AN OPERATOR WHO DID NOT HAVE A DRIVER’S LICENSE (THIRD DEPT))/DRIVER’S LICENSE ( (MOTORCYCLE, NEGLIGENT ENTRUSTMENT ACTION SURVIVED SUMMARY JUDGMENT, DEFENDANT ENTRUSTED HER MOTORCYCLE TO AN OPERATOR WHO DID NOT HAVE A DRIVER’S LICENSE (THIRD DEPT))

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DEFENDANTS DID NOT ELIMINATE ALL TRIABLE ISSUES OF FACT ABOUT CONSTRUCTIVE NOTICE... NEGLIGENCE CAUSES OF ACTION AGAINST THE DISTRIBUTOR AND RETAIL SELLER OF A SULFURIC...