On December 14th, 2015, attorney Ryan Showalter was awarded summary judgment in favor of his client who was asleep while her vehicle was being operated by her intoxicated grandson when it struck and severely injured the plaintiff.
Mr. Showalter successfully argued that there was no negligent entrustment because there was no express permission to use the vehicle. Further, there was no implied permission to use the vehicle despite the grandson residing with his client and the keys being readily available. He further argued that the fact that his client’s vehicle was parked in a manner preventing the intoxicated driver from accessing his own vehicle was not sufficient to create a cause of action for negligent entrustment.
Congratulations on a job well done, Ryan.
On June 1st, 2015, after four days of trial, attorneys Amy Hemmingsen and Ryan Showalter obtained a not guilty verdict in a case in which their client backed out of a parking space and struck the plaintiff’s parked vehicle while the plaintiff was sitting in the driver’s seat talking on her cell phone.
The plaintiff claimed to have sustained severe low back pain, multiple disc herniations in the lumbar spine, depression, anxiety and an inability to be employed as a licensed practical nurse. Ms. Hemmingsen and Mr. Showalter argued that the plaintiff had long-standing mental and physical issues, and those conditions and complaints were unchanged following the collision.
The jury deliberated less than an hour before returning their verdict in favor of the defense. The case is captioned as Hatter v. Silva, 12 L 6558.
Congratulations to Amy and Ryan on a job well done.