Dukes v. McGimsey

MATHERNE, Judge,

The issue on appeal is whether, under facts, there was a negligent entrustment of an automobile.

The facts are that the defendant-appellant Virginia McGimsey Shumate is the wife of the codefendant Terry Shumate. Prior to the marriage of the parties, but while they were engaged to be married, the defendant Virginia McGimsey did loan her automobile to her fiance Terry Shumate. While the loaned vehicle was in the possession of Terry Shumate, he became intoxicated and collided with the vehicle of the plaintiffs causing the damage for which suit is brought.

Terry Shumate was 18 years…