Cantalupo v. Lewis

The plaintiff appeals from a final summary judgment. The issue is whether the defendant can be liable for negligent en-trustment or negligent undertaking where the defendant took his alcohol-impaired brother’s car keys, and then put the keys in a place where his brother easily found the keys, resulting in his brother causing a fatal collision. We hold that, under those facts, the defendant cannot be liable for negligent entrustment or negligent undertaking. Therefore, we affirm.

The material facts are undisputed. One night at 8:30 p.m., the defendant and his brother went to a restaurant. Over…