Roberts v. Vaughn

587 N.W.2d 249 (1998)

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Nature of the Case

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Facts

Roberts (P) was a part-time volunteer firefighter and medical technician. P got no pay, pension, or medical benefits nor any health benefits for his efforts. P was dispatched to the scene of an accident involving a semi and an auto driven by Vaughn (D) an unlicensed minor driver. By the time that they arrived at the location, D was trapped beneath the dashboard. When P tried to get D out of the car, D kicked her legs and knocked P to the ground. P was permanently disabled and unable to return to his regular occupation. P got $15,000 per year in workers' compensation and an unspecified amount in disability payments. P sued D and Silvia Medina, alleging negligence and gross negligence and negligent entrustment with respect to Medina who gave the keys to D. After discovery, the court granted Ds summary judgment relying on the Kreski case. P appealed.