Small v. St. Francis Hospital

Defendant Where The Cars R, Ltd., sold an automobile to Alexander Shlepakov (Alexander), an unlicensed minor. Thereafter, while driving the purchased car, Alexander struck and killed Rene Roughny. Plaintiff Winifred Small, as executor of Roughny’s estate, brought suit against defendant under a negligent entrustment theory. Plaintiff appeals from the circuit court’s order granting defendant’s motion to dismiss for failure to state a cause of action.

The sole issue on appeal is whether an allegedly negligent sale of an automobile can sustain a cause of action for negligent entrustment of the…