Esperanza Transmission Co. v. Schneider

I disagree with the majority’s analysis, which holds that as the entrustment was not from Esperanza to the driver who had the collision, Schroeder, it fails as a matter of law. The negligence that Esperanza is charged with is the entrusting of a truck to Havelka without making sufficient inquiry as to his driving and drinking habits, but it is more than that. The case was tried on traditional negligence grounds, i.e., negligence plus proximate cause plus damage equals liability, and I would so analyze it.

The elements of a classic negligent en-trustment cause of action are correctly stated in…