Murphy et al v. Pina et al. (October 16, 2025, B327197) __ Cal.App.5th __ [2025 WL 2938007]
A rental car was stolen from an automobile body shop and later involved in a crash, resulting in a passenger suffering a traumatic brain injury. Two and a half years later, the injured passenger died from a fentanyl overdose. The passenger’s parents filed wrongful death actions against multiple defendants, including the body shop and its owner. The trial court granted summary judgment in favor of defendants.
The Court of Appeal affirmed, finding no triable issue of material fact regarding vicarious liability because the evidence showed the individual who stole the car was not an employee or agent at the relevant time. The court also followed well-established California law, holding that the owner of a vehicle is not responsible for an accident caused by the thief of the vehicle, absent special circumstances.
The opinion also contains a useful summary of a current split in the law regarding whether a party opposing summary judgment must come forward with admissible evidence supporting its position or whether the evidence must only be potentially admissible.
