Lero v. State Farm et al
Brief on Negligent Entrustment
IN THE CIRCUIT COURT OF CASS COUNTY, MISSOURI
PAUL LERO and ) CAROLYN LERO, ) ) Plaintiffs, ) ) v. ) Case No. 09CA-CV00669 ) ADAM P. MACE, et. al ) ) Defendants. )
PLAINTIFFS’ TRIAL BRIEF ON NEGLIGENT ENTRUSTMENT
COME NOW plaintiffs and respectfully submit this trial brief on the elements of negligent entrustment.
To prove the first element of negligent entrustment, it must be proved that the entrustee was incompetent by reason of age, inexperience, or habitual recklessness. Here Plaintiff alleges that entrustee was incompetent to drive due to habitual recklessness. “The possession of a valid driver’s license is not proof that one is competent to drive.” LeClave v. Hardy 73 S.W.3d 637 (Mo. App. E.D. 2002). “Missouri, with other states, recognizes that a history of traffic violations is powerful evidence that a driver is incompetent.” Id. at 641.
THE LAW OFFICES OF STEPHEN R. BOUGH.
MCCAMBRIDGE LAW LLC
ATTORNEYS FOR PLAINTIFF
Signature of this document certifies that it was served to the persons named below on the date and in the manner indicated:
Person Served Party Date Method
Randy Cain Defendants Adam Mace, et al 10/ /09 Hand Delivery
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Lero v. State Farm: Brief on Negligent EntrustmentBlake Heath2012-04-30T14:32:20+00:00