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Click here for the full text of this decision FACTS: Betty and Edward Batte sued Joyce Hendricks, when the Battes’ son was killed in a car accident with a vehicle owned by Hendricks, but driven by Richard Felix. Felix was intoxicated at the time of the accident. The Battes alleged a cause of action for negligent entrustment. Hendricks filed a motion for summary judgment arguing that she had revoked her permission for Felix to drive her truck, that there was no evidence that Felix was an incompetent driver and that she had not reason to think he was unlicensed, incompetent or reckless. The trial court granted Hendricks’ motion. HOLDING: Affirmed. The court rejects the Battes’ contention that Hendricks failed to inquire into Felix’s driving record, and that if she did, she would have learned of his guilty plea 16 years prior to driving while intoxicated. The court finds the DWI conviction too remote to create a fact issue regarding Felix’s incompetence or recklessness. Hendricks’ affidavit stated that she had ridden with Felix before and had never seen him operate the vehicle unsafely or drink while driving. On the night of the accident, she saw Felix at 5 p.m., and talked to him at 9 p.m., and it did not seem that he had been drinking or was under the influence of any substance. The court adds that Felix was a licensed driver with no other driving-related offenses except for the 16-year-old DWI conviction. “Under the facts and circumstances of this case, we conclude no fact issue exists on the issue of whether Hendricks knew or should have known that Felix was an unlicensed, incompetent, or reckless driver.” OPINION: Bridges, J.; Bridges, Francis and Lang-Miers, JJ.

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