Lydia v. Horton

We granted certiorari to review the Court of Appeals’ determination that Petitioner is liable on a first party negligent entrustment claim because he allowed an intoxicated person to borrow his car.

Factual/Procedural Background

According to the Complaint, Respondent, Mitchell Lydia (“Lydia”), was intoxicated on April 27, 1995, when Petitioner, Steve Horton (“Horton”), allowed Lydia to borrow his car. Lydia’s Complaint alleges that Horton either knew or should have known that Lydia was not competent to operate the vehicle. Lydia then drove the car in his intoxicated state and wrecked the…