Mettelka v. Superior Court

Opinion

BARRY-DEAL, J.

This petition for writ of mandate raises the issue of whether one co-owner of a vehicle may negligently entrust the co-owned vehicle to another co-owner. The issue arises because the superior court barred a negligent entrustment cause of action for the sole reason that the defendants’ car was co-owned by the driver and his father. We conclude that a cause of action was stated for negligent entrustment by the father.

Petitioner’s original complaint named Joseph Ralph Greco, Jr., and Doe defendants and alleged that defendants “and each of them, so carelessly and negligently…