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Snell v. Norwalk Yellow Cab, Inc.

52 Conn. L. Rptr. 43 (2011)

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Snell v. Norwalk Yellow Cab, Inc.

Connecticut Superior Court
52 Conn. L. Rptr. 43 (2011)

Facts

A cab driver (defendant) for Norwalk Yellow Cab, Inc. (Yellow Cab) (defendant) left his cab unattended with its motor running. Deondre Bowden and Shaquille Johnson stole the vehicle. Johnson initially drove the vehicle, but he later let Bowden drive it. While Bowden was driving the vehicle, he ran over Brenda Snell (plaintiff), injuring her. Snell did not sue Johnson or Bowden. Instead, Snell sued the cab driver for negligence and sued Yellow Cab pursuant to respondeat superior. The cab driver and Yellow Cab filed an apportionment complaint, asking the court to hold Johnson and Bowden liable for their share of Snell’s damages. The apportionment complaint included a claim for negligent entrustment against Johnson for allowing Bowden to drive the stolen vehicle. Snell moved to strike the negligent-entrustment claim. The cab driver and Yellow Cab argued that the court should allow the negligent-entrustment claim, urging the court to follow a Massachusetts rule that based liability for negligent entrustment on physical dominion rather than ownership of property. The trial court considered Snell’s motion to strike.

Rule of Law

Issue

Holding and Reasoning (Jennings, J.)

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