Guedon v. Rooney

160 Or. 621 (1939)

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Nature of the Case

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Facts

Guedon (P) sued Rooney (D) and others over an auto accident. During trial, a police officer, Frank English, was called to the stand to testify about the driving habits of Mr. Wilson, the person who was driving the car. During this examination, the officer testified that Mr. Wilson was addicted to the excessive use of liquor, was reckless driver, and drove while drunk on numerous occasions. It was also determined that the officer had never talked to D about the poor driving habits of Mr. Wilson. At the conclusion of this testimony, a motion by D was made to strike all of English's testimony. D was being sued for negligence entrustment of the auto to Wilson. That motion was denied. D claimed that Wilson was an independent contractor and that D was not responsible for negligently lending him a car. D was found liable and appealed.