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Spencer v. Gary Howard Enters. Inc.

Defendant's knowledge of one prior DUI incident involving his employee was insufficient to establish actual knowledge of the employee's habitual recklessness.

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George Strickland, an employee of Gary Howard Enterprises, Inc., ran a stop sign while driving a truck owned by Howard Enterprises. The truck collided with Robert Spencer’s motorcycle, injuring Spencer. Spencer sued Howard Enterprises on theories of respondeat superior, negligent hiring, and negligent entrustment, claiming that Strickland was acting within the scope of his employment and that his alcohol-impaired driving was a proximate cause of the collision. The trial court granted summary judgment to Howard Enterprises, and Spencer appeals.

To prevail on a motion for summary judgment, the moving party must demonstrate that there is no genuine issue of material fact, and that the undisputed facts, viewed in a light most favorable to the party opposing the motion, warrant judgment as a matter of law.1 To obtain summary judgment, a defendant need not produce any evidence, but must only point to an absence of evidence supporting at least one essential element of the plaintiff’s claim.2 Our review of a grant of summary judgment is de novo, and we view the evidence and all reasonable inferences drawn from it in the light most favorable to the nonmovant.3

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