Holben v. Midwest Emery Freight System, Inc.

OPINION

WEBER, Chief Judge.

Plaintiff was injured when struck from the rear by a truck operated by an employee of defendant Haulmark Transport Systems. The answer of Haulmark admits that the operator was its employee acting within the course of his employment, thus making Haulmark vicariously liable for any negligence of its employee.

Plaintiff amended his complaint to add a cause of action against Haulmark for negligent entrustment because it knowingly allowed a driver whom it knew to be careless, reckless and negligent to operate its tractor-trailer. The amendment to the complaint asks for…