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Hook v. Harmon

No evidence showed that the defendant's alleged negligent entrustment of a vehicle to the adult decedent, who had a suspended license, was a concurring proximate cause of a fatal accident, which occurred when the decedent lost control of the vehicle and crossed the center median into oncoming traffic.

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We granted Thomas Hook’s application for interlocutory appeal in order to review the trial court’s denial of his motion for summary judgment in this negligent entrustment action filed by Keith and Doreen Harmon. Because we conclude that Hook is entitled to judgment as a matter of law, we reverse the trial court’s denial of Hook’s motion. The relevant facts show that Wade Harmon was the 18-year-old son of Keith and Doreen Harmon. On March 20, 2006, Hook and Wade Harmon were traveling together from Florida back home to North Carolina on I-95 in a car owned by Hook’s father. Wade Harmon was driving the car at Hook’s request, even though Hook knew that Harmon’s license had been suspended.1 Hook said he asked Wade Harmon to drive because Hook was sleep-deprived, and he wanted to get back to North Carolina that night.

While traveling through McIntosh County, Georgia, Wade Harmon lost control of the vehicle, ran off the west shoulder of the interstate, crossed the center median into oncoming traffic, and struck a tractor-trailer in the rear wheels. Harmon was killed in the collision and Hook was seriously injured. The Georgia state trooper who investigated the accident concluded that the collision was the result of Wade Harmon’s actions. Keith and Doreen Harmon, filed suit against Hook for wrongful death,2 claiming that Hook was negligent in entrusting the car to their son in light of his driving record and suspended license. Hook moved for summary judgment, arguing that Wade Harmon’s negligence was the sole proximate cause of his injuries, which precluded recovery for negligent entrustment. The trial court denied the motion, and this appeal followed.

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