United States District Court, D. Kansas
MEMORANDUM AND ORDER
KATHRYN H. VRATIL, District Judge.
Waller Truck Company, Inc. brings suit against Brian Morton for negligently entrusting his pickup truck to Cary James Bockover, III, who was driving the truck when it collided with a semi-tractor trailer driven by an employee of Waller Truck. This matter is before the Court on Defendant Brian Morton's Motion For Summary Judgment (Doc. #37) filed April 30, 2014. For reasons stated below, the Court overrules defendant's motion.
Summary Judgment Standards
Summary judgment is appropriate if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. See Fed.R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 247 (1986); Vitkus v. Beatrice Co. , 11 F.3d 1535, 1538-39 (10th Cir. 1993). A "genuine" factual dispute is one "on which the jury could reasonably find for the plaintiff, " and requires more than a mere scintilla of evidence. Liberty Lobby , 477 U.S. at 252. A factual dispute is "material" only if it "might affect the outcome of the suit under the governing law." Id . at 248.
The moving party bears the initial burden of showing that there are no genuine issues of material fact. Celotex Corp. v. Catrett , 477 U.S. 317, 322-23 (1986); Justice v. Crown Cork & Seal Co. , 527 F.3d 1080, 1085 (10th Cir. 2008). Once the moving party meets the initial burden, the burden shifts to the nonmoving party to show that a genuine issue remains for trial with respect to the dispositive matters for which the nonmoving party carries the burden of proof. Nat'l Am. Ins. Co. v. Am. Re-Ins. Co. , 358 F.3d 736, 739 (10th Cir. 2004); see Matsushita Elec. Indus. Co. v. Zenith Radio Corp. , 475 U.S. 574, 586-87 (1986). As to these matters, the nonmoving party may not rest on the pleadings but must set forth specific facts. Fed.R.Civ.P. 56(e)(2); Matsushita , 475 U.S. at 586-87; Justice , 527 F.3d at 1085. Conclusory allegations not supported by evidence are insufficient to establish a genuine issue of material fact. Jarvis v. Potter , 500 F.3d 1113, 1120 (10th Cir. 2007); see Kidd v. Taos Ski Valley, Inc. , 88 F.3d 848, 853 (10th Cir. 1996).
When applying this standard, the Court must view the factual record in the light most favorable to the party opposing the motion for summary judgment. Duvall v. Ga.-Pac. Consumer Prods., L.P. , 607 F.3d 1255, 1260 (10th Cir. 2010); see Ricci v. DeStefano , 557 U.S. 557, 586 (2009). Summary judgment may be granted if the nonmoving party's evidence is merely colorable or is not significantly probative. Liberty Lobby , 477 U.S. at 250-51. Essentially, the inquiry is "whether the evidence presents a sufficient disagreement to require submission to the jury or whether it is so one-sided that one party must prevail as a matter of law." Id . at 251-52.
The following material facts are uncontroverted, deemed admitted or where controverted, construed in a light most favorable to plaintiff.
Morton resides on approximately 10 acres of land in Parsons, Kansas. In late 2010 or early 2011, Morton hired Bockover to do several odd jobs on his property. Morton allowed Bockover to use Morton's pickup truck in conjunction with these jobs.
Later in the spring of 2011, Bockover's own pickup truck broke down, and Morton allowed Bockover to use his truck to perform various jobs both for Morton and other people. Morton did not directly supervise Bockover when he used the truck. Morton limited Bockover's use of the truck for traveling to and from jobs and completing those jobs at various locations within Parsons. Morton specifically told Bockover not to use the vehicle for personal use. In May of 2011, Morton discovered that law enforcement officers arrested Bockover for driving under the influence (DUI) while operating Morton's truck some 50 miles outside of Parsons, Kansas. When Morton learned that Bockover had been arrested, he realized that Bockover may have exceeded the permissive use of the truck on other occasions as well.
In August of 2011, Morton hired Bockover to clean up fallen limbs and do other yard work on Morton's property. Bockover agreed to do the work on August 19 or 20, 2011, when Morton had planned to be out of town. The work included transporting downed limbs on Morton's property to a burn pile which was also located on Morton's property. Bockover understood that Morton gave him permission to use Morton's truck only on Morton's private property and only for the specific purpose of hauling limbs to the burn pile. Bockover recalls that Morton told him that he could not take the truck off of Morton's property. When Morton hired Bockover and allowed him to use the truck in August of 2011, he knew that Bockover had two prior DUIs, that Bockover had a suspended driver's license, and that Bockover had previously attended an alcohol rehabilitation program.
After hiring Bockover, Morton left town for the weekend of August 19-21, 2011. Without Morton's knowledge or permission, Bockover took the truck off of the property to pick up a freezer he had purchased. Morton was not aware that Bockover had purchased a freezer or that Bockover wanted to use the truck to haul the freezer. During the evening of August 21, 2011 on Highway 169 in Montgomery County, Kansas, Bockover crashed Morton's truck into a semi-tractor trailer which was owned and operated by Waller Truck.
Waller Truck claims that Morton negligently entrusted his truck to Bockover who was intoxicated ...