David Ray Smith v. Charles E. Pinner Walter I. Melott, Loffland Brothers Company, a Texas Corporation

Plaintiff appeals from a district court order granting defendant Loffland Brothers Company’s motion for summary judgment on the two claims asserted against it 1 in this diversity tort action brought by plaintiff to recover damages for personal injuries suffered when a vehicle owned and allegedly operated by Charles Pinner, plaintiffs immediate supervisor at Loffland, was involved in an accident in Moffat County, Colorado. The district court dismissed plaintiffs negligent entrustment claim by finding that Loffland had not exercised any control over Pinner’s voluntary use of his own vehicle,…