Legal Opinion · Dissent

Martell v. Driscoll

Supreme Court of Kansas

Decided June 7, 2013No. 106,429Published

1DissentJohnson, J.

I would not expand the concept of neghgent entrustment to include a cause of action by an entrustee against the entrustor, i.e., first-party negH-gent entrustment. I believe that adults have to accept sole responsibility for their own poor choices or careless conduct. The fact that *543an adult is known to have frequently exercised bad judgment in the past should not create a duty in every other adult in the universe to protect that careless person from himself or herself. I decline to join with the majority in being an enabler for persons who blame others for their own shortcomings. Here, Leroy…

2Cases cited3 opinions

  1. Knight v. Neodesha Police DepartmentCourt of Appeals of Kansas · 1980
  2. Greenwood v. GardnerSupreme Court of Kansas · 1961
  3. Moore v. State Highway CommissionSupreme Court of Kansas · 1961

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API