Mckenna v. Straughan

222 Cal. Rptr. 462 (1986)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

On July 29, 1982, Cherie Straughan, Ds' daughter, drove her car onto the wrong side of the road and hit P head-on, causing P extensive damages and personal injuries. Cherie was driving under the influence of alcohol at the time and was charged with a felony and convicted of a related criminal charge. P saw Mrs. Straughan (D) almost every Saturday for several months prior to the accident when P did her hair at the beauty shop. P presented evidence that Ds knew their daughter had a serious alcohol problem, had been in and out of eight recovery homes, and was still drinking. Cherie lived with her parents since she had wrecked her previous car. Mrs. Straughan (D) knew Cherie had a history of driving while intoxicated. P had urged D not to give a car to Cherie because of her drinking problem. Mrs. Straughan (D) told P she and her husband were buying Cherie a car shortly before the accident because they did not want to be bothered driving Cherie to her Alcoholics Anonymous meetings. P said, 'That's like giving a six-year-old a loaded gun and telling them [sic] not to use it.' A car was purchased with Cherie as the registered owner and William Straughan (D), Cherie's father, as the registered lienholder 10 days before the accident in question. P sued Ds, alleging they were negligent in entrusting or supplying the car to Cherie knowing she was an incompetent and unfit driver. P claimed she was entitled to punitive damages because Cherie voluntarily became intoxicated before driving and because Ds recklessly and wantonly supplied the car to Cherie knowing she was an unfit driver. Ds denied all allegations. Ds' argued that P cannot state a cause of action for negligent entrustment because they never owned or controlled the vehicle which Cherie drove at the time of the accident. The court granted Ds' motion for summary judgment. P appealed.