Entrustment claim OK despite no impairment

Bad Driving Record Supports Negligent Hiring Claim

By Deborah Elkins
Published: September 6, 2012
Tags: Judge Thomas J. Wilson IV, Negligence, Rockingham County Circuit Court, Virginia Circuit Courts

An auto-accident plaintiff’s allegations about a truck driver’s bad driving record do not support a claim of negligent entrustment, but they do support a claim of negligent hiring and negligent retention, says a Rockingham County Circuit Court. The Supreme Court of Virginia has permitted a plaintiff injured in an automobile accident to recover under a [...]

Hurt flagman can sue trucking company for negligent hiring

By Peter Vieth
Published: August 22, 2012
Tags: Judge Thomas J. Wilson IV, Negligence, Personal Injury, Rockingham County Circuit Court

A construction flagman who was hurt when he was struck on a Rockingham County highway can sue the truck driver’s company for negligent hiring. The victim claimed the driver was hired without formal training, even though he was a convicted felon with a long record of speeding and traffic convictions. While Rockingham County Circuit Judge [...]

Handymen burned in propane furnace explosion – $2,000,000 and $250,000 Settlements

By Virginia Lawyers Weekly
Published: September 6, 2010
Tags: Judge Thomas J. Wilson IV, Personal Injury, Rockingham County Circuit Court

On the morning of Nov. 10, 2007, two contractors in their early 60s who did handyman work for a mobile home court near Harrisonburg went to the property to examine a propane furnace in one of the units. One of the men, Herman Gentry, who did not have experience in propane furnace work, had enlisted [...]

Negligence – Negligent Entrustment – ‘Road Games’

By Deborah Elkins
Published: July 30, 2010
Tags: Judge Thomas J. Wilson IV, Negligence, Rockingham County Circuit Court, Virginia Circuit Courts

Even though there is no allegation that a driver was physically or mentally impaired when allowed to drive a vehicle, plaintiff does allege defendant continued to permit the driver to operate the vehicle despite witnessing the driver’s “road games,” and a Rockingham County Circuit Court denies defendant’s motion for summary judgment. Defendant asks for summary [...]