Legal Opinion · Dissent

Zedella v. Gibson

Appellate Court of Illinois

Decided August 5, 1993No. 5 — 92—0361Published

1DissentJustice Welch

I respectfully dissent. The majority wants to make new Illinois law based on the California case of Mettelka v. Superior Court (1985), 173 Cal. App. 3d 1245, 219 Cal. Rptr. 697, a case that extends negligent entrustment to co-owners. It should be noted that Mettelka is based largely on a statute, section 17150 of the California Vehicle Code, setting out liability to “every owner of a motor vehicle *** for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle *** by any person using or operating the same with the…

2Cases cited4 opinions

  1. Fugate v. GalvinAppellate Court of Illinois · 1980
  2. Mettelka v. Superior CourtCalifornia Court of Appeal · 1985
  3. Tosh v. ScottAppellate Court of Illinois · 1984
  4. Clark v. CovingtonAppellate Court of Illinois · 1982

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