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Barrios v. Bello

Negligent Entrustment Claim Dismissed; Knowledge of Operator's Incompetence Not Supported

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OPINION AND ORDER Plaintiffs Jennifer Barrios (“Jennifer Barrios”) and Luz Mary Barrios (“Luz Barrios”) bring this suit against Defendants Miguel Bello (“Bello”) and Mayalyn Ines Negron (“Negron”), alleging negligence in connection with an October 7, 2018 motor vehicle accident in the Bronx. As alleged, Plaintiffs’ SUV was rear-ended by a motorcycle and a sedan driven by Bello and Negron, respectively. Plaintiffs allege that the accident and their ensuing injuries were caused by Defendants’ negligence in operating their vehicles. Plaintiffs also assert that Bello, who owned the sedan driven by Negron, is liable for negligently entrusting that car to Negron. Negron has responded with a counterclaim against Jennifer Barrios, asserting that any damages suffered by Luz Barrios resulted from Jennifer Barrios’s negligence, and seeking indemnification and contribution for any judgment entered against Negron. Before the Court are Bello’s motion to dismiss the negligent entrustment claims and Plaintiffs’ unopposed motion to dismiss Negron’s counterclaim. For the reasons discussed below, the Court grants both motions. I. Background A. Factual Allegations The following factual allegations are taken from the Complaint. See Dkt. 1 (“Compl.”). The Court “accept[s] as true the factual allegations in the [C]omplaint and draw[s] all inferences in the plaintiff’s favor.” Biro v. Conde Nast, 807 F.3d 541, 544 (2d Cir. 2015).1 In the early morning hours of October 7, 2018, Jennifer Barrios was driving a 2014 Hyundai SUV (the “SUV”) westbound on I-95 in the vicinity of Macobs Road in Bronx, New York. Compl.

11, 12, 30. Luz Barrios, the registered owner of the SUV, was a passenger in the vehicle at the time. Id.

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