Kloosterman v. Kalamazoo City Lines, Inc.

Larry Schaftenaar, a bus driver for the defendant company, was operating one of the defendant’s buses when it struck plaintiff’s truck in the rear. Schaftenaar pled guilty in the Kalamazoo municipal court to the charge of failing to exercise due care. Plaintiff did not join Schaftenaar as a party defendant but sued the defendant on the theory of negligent entrustment.

Before the trial plaintiff took Schaftenaar’s deposition and during the questioning elicited from him that he had pled guilty to failing to exercise due care. During plaintiff’s case in chief this deposition was admitted and read…