Spencer Ex Rel. Estate of Spencer v. Gamboa

OPINION

NEAL, Judge.

Defendant automobile dealership (“defendant”) loaned a truck to defendant Gamboa (“driver”) to test drive. She ran a red light and killed plaintiff’s husband. The dispositive issue is whether the dealer may be held liable on a theory of negligent entrustment based on an alleged statutory violation of NMSA 1978, Section 66-5-41 (Repl.Pamp.1984). The section prohibits knowingly permitting an unauthorized driver to operate a motor vehicle. The trial court granted summary judgment in favor of the defendant. Plaintiff appeals from an order of summary judgment dismissing his…