[DOWNLOAD] "Casebolt V. Cowan" by Colorado Supreme Court * eBook PDF Kindle ePub Free

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eBook details

• Title: Casebolt V. Cowan
• Author : Colorado Supreme Court
• Release Date : January 06, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 77 KB

Description

This case presents issues concerning the existence, nature, and scope of any duty owed by the owner of an automobile to a borrower of that vehicle to prevent injuries to the borrower resulting from operation of the vehicle by the borrower after consuming alcoholic beverages. These issues arise from a wrongful death action brought by the wife and children of Lindel Casebolt, who was killed in a collision when he drove a borrowed automobile eastward into a westbound lane of traffic after drinking. The plaintiffs asserted liability based on a theory of negligent entrustment. The district court granted the motion for summary judgment made by the defendants -- the corporation*fn1 that owned the vehicle driven by Casebolt and the corporate officer who granted Casebolt permission to drive it. The decision was based on the district court's Conclusion that the defendants owed no duty to Casebolt to protect him from his own abuse of alcohol. The Colorado Court of Appeals affirmed. Casebolt v. Cowan, 809 P.2d 1080 (Colo. App. 1990). We conclude that summary judgment was improper because genuine issues of material fact must be resolved before it can be determined whether the defendants owed a duty of care to Casebolt. Consequently, we reverse the judgment of the court of appeals.

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