Sabourin v. LBC, INC.

• Decision Date: 22 February 1990
• Docket Number: Civ. A. No. 89-0029 L.
• Parties: Christina SABOURIN, Administratrix of the Estate of David C. Sabourin, Jr., on behalf of said Estate and on behalf of the beneficiaries of said Estate; and Christina Sabourin, individually, v. LBC, INC.
• Court: U.S. District Court — District of Rhode Island

731 F. Supp. 1145

Christina SABOURIN, Administratrix of the Estate of David C. Sabourin, Jr., on behalf of said Estate and on behalf of the beneficiaries of said Estate; and Christina Sabourin, individually, v. LBC, INC.

Civ. A. No. 89-0029 L.

United States District Court, D. Rhode Island.

February 22, 1990.

John H. Hines, Jr., Providence, R.I., for plaintiffs.

Jeanne LaFazia, Providence, R.I., for defendant.

MEMORANDUM AND ORDER

LAGUEUX, District Judge.

This matter is presently before the Court on the motion of defendant, LBC, Inc., for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.

The instant action arises as a result of a motor vehicle accident which occurred on August 31, 1987 that claimed the life of the minor child, David C. Sabourin, Jr. At all times material to this action, David Sabourin, Jr., the decedent, and his brother, Derek, were unemancipated minors under the legal custody of their mother, Christina Sabourin, pursuant to a divorce decree. Prior to the date of the accident, however, both parents had agreed to allow the boys to move into their father's home in Jamestown, Rhode Island, and they had done so on August 30, 1987.

Defendant, LBC, Inc., is a Massachusetts corporation engaged in the construction business. At the time this incident occurred, decedent's father, David Sabourin, Sr., was employed by LBC as a construction superintendent. David Sabourin, Jr. also worked for LBC full-time as a general laborer. As part of his job, Mr. Sabourin, Sr. was allowed the use of a pickup truck owned by LBC. Mr. Sabourin testified by deposition that the vehicle was provided to him for transportation relative to what he had to do every day, including driving to and from work and completing work-related errands during the course of the day. David Sabourin, Jr. also had regular use of his father's company owned pickup truck during the course of the working day.

At all times relevant to this matter, LBC had a written policy which stated that employees were to use company vehicles for business only unless special permission had been granted by the President of LBC. The written policy also required that company owned vehicles were not to be used for personal reasons except at an "insignificant level of mileage."

On the evening of August 31, 1987, decedent and his brother, Derek, requested permission from their father to return to their mother's house to pick up the rest of their belongings. Mr. Sabourin gave decedent permission to drive the company owned pickup truck from his residence in Jamestown, Rhode Island to Christina Sabourin's home in Greenville, Rhode Island. David Sabourin, Jr. was seventeen years old at this time and possessed a valid Rhode Island driver's license. His father testified that he had driven with David at various times in the past and had no reason to believe that he was not capable of driving the truck on the night in question. Mr. Sabourin also stated at his deposition that his son appeared sober and was in no way visibly impaired. Upon arriving at their mother's home, David and Derek engaged in some conversation and then gathered the personal items for which they had come. Christina Sabourin stated in her deposition that both boys were sober and that neither showed any signs of impairment from drugs or alcohol. She also testified that she made no objection, nor did she make any effort to prevent decedent from driving away in the truck with his younger brother, Derek, as a passenger.

At approximately 10:50 p.m. on the date in question the pickup truck owned by defendant, LBC, and being operated by David Sabourin, Jr. was found overturned on Interstate Route 295 South. David Sabourin, Jr. was pronounced dead as a result of that accident and his brother, Derek, sustained an injury to his wrist.

Christina Sabourin brought this action for damages individually and in her capacity as administratrix of the estate of her son, David C. Sabourin, Jr. At the heart of her complaint is the allegation that LBC is vicariously liable for the negligence of its agents, servants or employees (namely David Sabourin, Sr.) in entrusting the pickup truck to the decedent on the night in question. Plaintiff asserts that at the time of said entrustment, the agents, servants and employees of LBC were acting within the course and scope of their authority or employment and that they knew or should have known that decedent was likely, because of his youth, inexperience, propensities or otherwise to use said motor vehicle in a manner involving unreasonable risk of harm to himself or others. Plaintiff also alleges that defendant was negligent in failing to maintain the pickup truck in a reasonably safe condition. Finally, Christina Sabourin seeks damages on her own behalf for the deprivation of the society, services and companionship of her son which resulted from the negligence of defendant.

Defendant has moved for summary judgment on a number of grounds. First, LBC states that an action brought on behalf of the estate of David Sabourin, Jr., against his father is barred by the doctrine of parent-child immunity, and, therefore, plaintiff may not maintain a cause of action against LBC based on a theory of vicarious liability. Second, defendant asserts that LBC cannot be held vicariously liable for the alleged negligence of David Sabourin, Sr. in entrusting the pickup truck to his son because, in committing such an act, Mr. Sabourin was not acting within the scope of his employment.

Defendant's third argument in support of its motion for summary judgment is that LBC was not negligent in entrusting the vehicle in question to decedent because David Sabourin, Jr. was a licensed and competent driver and his father had no reason to anticipate that he would operate the truck negligently or recklessly. In addition, defendant asserts that it cannot be liable for negligent entrustment because there is no duty of care running from the entrustor of the vehicle to the entrustee.

Finally, LBC requests that the Court grant summary judgment in its favor with respect to the allegation that defendant failed to maintain the pickup truck in a reasonably safe condition because there is no evidence in the record that LBC failed to inspect and maintain the vehicle or that the accident was in any way caused by vehicle failure.

In opposing defendant's motion for summary judgment, plaintiff states that an action on behalf of the estate of David Sabourin, Jr. against his father, David C. Sabourin, Sr., is not barred by the doctrine of parent-child immunity under Rhode Island Law. In addition, plaintiff asserts that there are sufficient facts from which a reasonable person could infer that David Sabourin, Sr. had the authority to allow his son to use the pickup truck owned by LBC. In response to defendant's contention that LBC owed no duty to decedent as the entrustee of the vehicle, plaintiff states that under a theory of negligent entrustment there is a duty running not only to third parties but also to the person to whom the motor vehicle or other instrumentality is entrusted. Finally, plaintiff argues that there is evidence from which a reasonable inference could be drawn that LBC failed to inspect and maintain the pickup truck and that this failure caused the accident in question.

The Court after having heard arguments on the motion for summary judgment took the matter under advisement. The motion is now in order for decision.

DISCUSSION

The law is well settled that summary judgment will be granted if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Hahn v. Sargent, 523 F.2d 461, 464 (1st Cir.1975), cert. denied, 425 U.S. 904, 96 S.Ct. 1495, 47 L.Ed.2d 754 (1976). The basis of plaintiff's complaint in this action is that David Sabourin, Sr., acting within the scope of his authority or within the course of his employment with LBC, negligently entrusted the pickup truck provided to him by LBC to his son, David Sabourin, Jr. Thus, the central issues before the Court are two fold: (1) Is David Sabourin, Sr. liable for negligently entrusting his company owned pickup truck to the decedent on the night in question? and (2) if Mr. Sabourin did act negligently in entrusting the vehicle to his son, was he acting within the scope of his authority or in the course of his employment with LBC thereby making defendant vicariously liable for his actions?

After a careful review of the facts and law relevant to these two issues, this Court concludes that there is no genuine issue as to any material fact and, furthermore, that defendant is entitled to judgment as a matter of law. Because summary judgment may be granted on these grounds, the Court need not consider the other issues raised by defendant's motion.

NEGLIGENT ENTRUSTMENT

Under the common law doctrine of negligent entrustment, the owner of a motor vehicle may be held liable for entrusting that vehicle to an incompetent, reckless or unfit driver if the owner knew or should have known of the driver's incompetence, inexperience or recklessness. See 7A Am. Jur.2d "Automobiles and Highway Traffic" § 643 (1980). With respect to the entrustment of a motor vehicle to a minor, one court has stated:

Under the doctrine of negligent entrustment one is liable for the negligent acts of a minor to whom a motor vehicle is supplied when the supplier knew or should have known that, because of youth, inexperience, or other reason, the motor vehicle might be used in a manner involving unreasonable risk of physical harm to the minor or others.

Markland v. Baltimore and Ohio Railroad Co., 351 A.2d 89, 93 (Del.Super.Ct. 1976). In Markland, the parents of a minor child brought suit against the parents of another minor child for injuries sustained by plaintiffs' daughter when she was struck by a motorcycle operated by defendants' son. Id. at 90-91. The operator of the...