August 10, 2021

McKenna v. Beesley (August 6, 2021, D077189)

A driver hired by one defendant was driving the co-defendant’s car without a valid driver’s license. A collision occurred. Plaintiff sued the defendants for negligent entrustment and negligent hiring. The trial court granted summary judgment, reasoning that defendants did not have actual knowledge of facts that would have placed them on notice that the driver was unlicensed or unfit to drive a car and had no duty to inquire about the driver’s fitness to operate a vehicle.

Plaintiffs appealed, and the Court of Appeal reversed. The Court of Appeal held that, under Vehicle Code section 14604, subdivision (a) and the law of negligent hiring and entrustment, a jury may find constructive knowledge of a driver’s incompetence to operate a vehicle where the owner of the vehicle or hirer of the driver fails to make a reasonable effort to determine whether the prospective driver has a valid driver’s license before permitting the driver to operate the owner’s vehicle or a vehicle under the hirer’s control.