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Tellez v. Saban9/24/1996
wo reasons. First, the case was decided on statutory grounds. Second, newer Maryland cases have held that the lack of a license alone is insufficient to support a claim of negligent entrustment.
Unlike Arizona, which holds that the violation of a safety statute is negligence per se, Maryland subscribes to the position that the violation of a safety statute is evidence of negligence. Stauffer, 330 A.2d at 684. Therefore, after finding that the renter entrusted a vehicle to an unlicensed driver, the court properly utilized the statutory presumption and held that entrustment to an unlicensed driver is evidence of negligence. Id. at 691. Stauffer was decided on statutory grounds rejected by today's majority and is not authority for the majority's holding in a negligent entrustment case.
The Maryland Court of Appeals underscored the distinction between the statutory cause of action and negligent entrustment in Morrell v. Williams, 279 Md. 497, 366 A.2d 1040 (Md. App. 1976). The court said, "the critical point is that a violation of ยง 6-305 of the Motor Vehicle Code requires proof that the owner authorized the use of a motor vehicle by a person whom he knew to be without a license, while the doctrine of negligent entrustment may be invoked only against the vehicle owner who knows or should have known that the use would involve an inordinate risk of physical harm." 366 A.2d at 1043.
The more recent Maryland case of Herbert v. Whittle, 69 Md. App. 273, 517 A.2d 358 (Md. App. 1986), reinforces the decision of the Morrell court and is directly contrary to the majority's position in our case. In Herbert, a vehicle was entrusted to a young, unlicensed driver. The court held that the "the mere fact that Ms. Whittle did not possess either a learner's permit or a driver's license at the time of the accident is important only as it relates to her inexperience with a standard transmission automobile." Id. at 363. Had the law of Maryland been that the entrustment to an unlicensed driver alone is evidence of negligent entrustment, the evidence would have been important regardless of whether Ms. Whittle was inexperienced.
Finally, the majority cites LaRoque v. Sanchez, 641 S.W.2d 298 (Tex. App. 1982). Although at first blush this case appears to support the majority's position, further analysis reveals that Texas utilizes an entirely unique test for negligent entrustment. Under Texas law, negligent entrustment consists of: "(1) entrustment of a vehicle by the owner; (2) to an unlicensed, incompetent, or reckless driver; (3) that the owner knew or should have known to be unlicensed, incompetent, or reckless; (4) that the driver was negligent on the occasion in question; and (5) that the driver's negligence proximately caused the accident." Williams v. Steves Indus., Inc., 699 S.W.2d 570, 571 (Tex. 1985); see also Dalworth Trucking Co. v. Bulen, 924 S.W.2d 728, 734 (Tex. App. 1996). Unlike the majority of other states, including Arizona, Texas specifically recognizes entrustment to an unlicensed driver as an element of negligent entrustment. Williams, 699 S.W.2d at 571; Bulen, 924 S.W.2d at 734. Texas, unlike Arizona, does not require entrustment to an incompetent driver. See Anderson Aviation Sales Co., 19 Ariz. App. at 426, 508 P.2d at 91; Powell, 58 Ariz. at 285, 119 P.2d at 232. Because Texas employs a negligent entrustment standard with entirely different elements, Texas case law on this point is not authority for Arizona negligent entrustment cases. However, even if Texas law were authority in Arizona, the law is contrary to the majority's holding. By specifically enumerating both "unlicensed" and "incompetent" in the test for negligent entrustment, Texas courts are recognizing that "unl
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