negligent entrustment claim (Indiana) · Go Syfert
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negligent entrustment claim in Indiana

10 Indiana opinions name it 1 courts 1989–2019 0 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Frohardt v. Bassettgreen
indctapp · 2003 · cited in 1 Indiana opinions naming this issue, 2019–2019
2 sentences

2019See Frohardt, 788 N.E.2d at 467 .

2019See Frohardt, 788 N.E.2d at 467 .

11
Illinois Farmers Insurance Co. v. Wiegandgreen
indctapp · 2004 · cited in 1 Indiana opinions naming this issue, 2014–2014
1 sentence

2014See, e.g., Wiegand, 808 N.E.2d at 191 ; Wright v. American States Ins.

11
Masten v. Amco Insurance Co.green
indctapp · 2011 · cited in 1 Indiana opinions naming this issue, 2012–2012
1 sentence

2012Co., 953 N.E.2d 566, 569 (Ind.Ct.App. 2011), trans. denied.

11
Stump v. Commercial Uniongreen
ind · 1992 · cited in 1 Indiana opinions naming this issue, 2001–2001
1 sentence

2001In discerning public policy, we look to federal and state constitutions, the legislature, and the judiciary. [9] See Trotter v. Nelson, 684 N.E.2d 1150, 1152-53 (Ind. 1997); Creasy v. Rusk, 730 N.E.2d 659, 664 (Ind.2000) ("To assist in deciding whether Indiana should adopt the generally accepted rule, we turn to an examination of contemporary public policy in Indiana as embodied in enactments of our state legislature."); see also Stump v. Commercial Union, 601 N.E.2d 327, 332 (Ind.1992) (stating "public policy considerations further augment the relationship and foreseeability factors, particul

11
Trotter v. Nelsongreen
ind · 1997 · cited in 1 Indiana opinions naming this issue, 2001–2001
1 sentence

2001In discerning public policy, we look to federal and state constitutions, the legislature, and the judiciary. [9] See Trotter v. Nelson, 684 N.E.2d 1150, 1152-53 (Ind. 1997); Creasy v. Rusk, 730 N.E.2d 659, 664 (Ind.2000) ("To assist in deciding whether Indiana should adopt the generally accepted rule, we turn to an examination of contemporary public policy in Indiana as embodied in enactments of our state legislature."); see also Stump v. Commercial Union, 601 N.E.2d 327, 332 (Ind.1992) (stating "public policy considerations further augment the relationship and foreseeability factors, particul

11
Creasy v. Ruskgreen
ind · 2000 · cited in 1 Indiana opinions naming this issue, 2001–2001
1 sentence

2001In discerning public policy, we look to federal and state constitutions, the legislature, and the judiciary. [9] See Trotter v. Nelson, 684 N.E.2d 1150, 1152-53 (Ind. 1997); Creasy v. Rusk, 730 N.E.2d 659, 664 (Ind.2000) ("To assist in deciding whether Indiana should adopt the generally accepted rule, we turn to an examination of contemporary public policy in Indiana as embodied in enactments of our state legislature."); see also Stump v. Commercial Union, 601 N.E.2d 327, 332 (Ind.1992) (stating "public policy considerations further augment the relationship and foreseeability factors, particul

11
Stocker v. Cataldigreen
indctapp · 1985 · cited in 1 Indiana opinions naming this issue, 1992–1992
1 sentence

1992See e.g., id. (shotgun), Stocker v. Cataldi (1985), Ind.App., 483 N.E.2d 461 (automobile).

11
Johnson v. Pattersongreen
indctapp · 1991 · cited in 1 Indiana opinions naming this issue, 1992–1992
1 sentence

1992See e.g., id. (shotgun), Stocker v. Cataldi (1985), Ind.App., 483 N.E.2d 461 (automobile).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Sutton v. Sanders green
indctapp · 1990
2 sentences

2005Sutton v. Sanders, 556 N.E.2d 1362 (Ind.Ct.App.1990).

1994Sutton v. Sanders (1990), Ind. App., 556 N.E.2d 1362 .

21994–2005
Stocker v. Cataldi green
indctapp · 1986
2 sentences

1990Stocker v. Cataldi (1986), Ind.App., 489 N.E.2d 144, 145 , trans. denied.

1989Stocker v. Cataldi (1986), Ind.App., 489 N.E.2d 144, 145 , trans. denied.

21989–1990
Hardiman v. Governmental Interinsurance Exchange green
indctapp · 1992
2 sentences

1994The general rule, however, is that "a party may not raise an issue on appeal which was not raised in the trial court... . [Citations omitted.] This rule also applies to summary judgment proceedings." Hardiman v. Governmental Interinsurance Exchange (1992), Ind. App., 588 N.E.2d 1331 , trans. denied.

1994The general rule, however, is that "a party may not raise an issue on appeal which was not raised in the trial court.... [Citations omitted.] This rule also applies to summary judgment proceedings." Hardiman v. Governmental Interinsurance Exchange (1992), Ind. App., 588 N.E.2d 1331 , trans. denied.

11994–1994
Small v. St. Francis Hospital green
illappct · 1991
2 sentences

1994App.3d 537 , 163 Ill.Dec. 203 , 581 N.E.2d 154 (driver was only fifteen years old); Vince v. Wilson (1989), 151 Vt. 425 , 561 A.2d 103 (prior to sale, dealer had been told by driver's relatives that the driver had no license and had failed the driver's test several times). [5] Appellants argue for the first time upon appeal that Indiana should adopt § 390 of the Restatement (2d) of Torts, pursuant to which a plaintiff would not be required to demonstrate actual knowledge in order to prevail on a negligent entrustment claim.

1994App.3d 537 , 163 Ill.Dec. 203 , 581 N.E.2d 154 (driver was only fifteen years old); Vince v. Wilson (1989), 151 Vt. 425 , 561 A.2d 103 (prior to sale, dealer had been told by driver's relatives that the driver had no license and had failed the driver's test several times). [5] Appellants argue for the first time upon appeal that Indiana should adopt § 390 of the Restatement (2d) of Torts, pursuant to which a plaintiff would not be required to demonstrate actual knowledge in order to prevail on a negligent entrustment claim.

11994–1994
Vince v. Wilson green
vt · 1989
2 sentences

1994App.3d 537 , 163 Ill.Dec. 203 , 581 N.E.2d 154 (driver was only fifteen years old); Vince v. Wilson (1989), 151 Vt. 425 , 561 A.2d 103 (prior to sale, dealer had been told by driver's relatives that the driver had no license and had failed the driver's test several times). [5] Appellants argue for the first time upon appeal that Indiana should adopt § 390 of the Restatement (2d) of Torts, pursuant to which a plaintiff would not be required to demonstrate actual knowledge in order to prevail on a negligent entrustment claim.

1994App.3d 537 , 163 Ill.Dec. 203 , 581 N.E.2d 154 (driver was only fifteen years old); Vince v. Wilson (1989), 151 Vt. 425 , 561 A.2d 103 (prior to sale, dealer had been told by driver's relatives that the driver had no license and had failed the driver's test several times). [5] Appellants argue for the first time upon appeal that Indiana should adopt § 390 of the Restatement (2d) of Torts, pursuant to which a plaintiff would not be required to demonstrate actual knowledge in order to prevail on a negligent entrustment claim.

11994–1994
Fredericks v. General Motors Corp. green
michctapp · 1973
2 sentences

1991Negligent entrustment has usually been applied in motor vehicle cases, but the theory does not hinge on the nature of the chattel or instrumentality, but on the supplying of the chattel for probable negligent use. 57A Am.Jur.2d Negligence § 337 (1989), citing Fredericks v. General Motors Corp. (1973), 48 Mich.App. 580 , 211 N.W.2d 44 .

1991Negligent entrustment has usually been applied in motor vehicle cases, but the theory does not hinge on the nature of the chattel or instrumentality, but on the supplying of the chattel for probable negligent use. 57A Am.Jur.2d Negligence § 337 (1989), citing Fredericks v. General Motors Corp. (1973), 48 Mich.App. 580 , 211 N.W.2d 44 .

11991–1991

Where else courts name it

TX 48 (1958–2026) GA 32 (1982–2025) IL 15 (1986–2025) AL 14 (1976–2013) TN 11 (1992–2016) MI 11 (1966–2026) OH 10 (1999–2025) AZ 10 (1987–2024) MO 10 (1982–2025) IN 10 (1989–2019) MS 10 (1998–2026) CA 9 (1966–2025) MD 9 (1970–2017) PA 8 (1986–2020) WA 8 (2007–2026) CO 6 (1984–2017) NY 6 (1996–2023) KS 6 (1996–2020) NM 4 (1999–2021) WI 4 (2007–2019) NC 4 (1991–2018) FL 4 (1998–2025) VA 4 (1992–2012) NJ 4 (1985–2000) NV 3 (1984–2021) CT 2 (1993–2022) ID 2 (1991–2023) MA 2 (1990–2023) ME 2 (2003–2007) OK 2 (2018–2022) LA 2 (2005–2020) NH 2 (1982–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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