Alabama Common Law Case Summary

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I. The court will likely find Humphrey entrusted the truck to Haley under Alabama common law. “When one person drives a car belonging to another, a rebuttable presumption of entrustment... arise when ownership is established ” Edwards v. Valentine, 926 So. 2d 315, 320 (Ala. 2005). This presumption can be rebutted by strong, clear and undisputed evidence that the driver was neither the agent of the owner nor operating the vehicle with her permission or consent. Thompson v. Harvard, 235 So.2d 853, 856 (Ala. 1970). Humphrey did not hire Haley to be his agent or permit Haley to use his car. Hence, he probably can provide strong evidence to rebut this presumption even if he is the owner.
Entrustment act can be established by actual entrustment
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Halford v. Alamo Rent-A-Car, LLC, 921 So. 2d 409, 409-14 (Ala. 2005) (holding that evidence of the suspension of one 's driver 's license for failure to discharge a citation for a nonmoving violation is not substantial evidence, standing alone, of incompetence to operate a vehicle); Britt v. USA Truck, Inc., No. 2:06-CV-868-ID(WO), LEXIS 92244, at *2 (M.D. Ala. Dec. 20, 2007)(holding that the failure to appear in court, maintain insurance and receiving all nonmoving violations cannot show the driver’s …show more content…
See Askew v. R & L Transfer, Inc., 676 F. Supp. 2d 1298, 1303 (M.D. Ala. 2009)(holding that two moving violations and four minor accidents in nine-plus years cannot show the defendant was incompetent); see also Wright v. McKenzie, 647 F. Supp. 2d 1293, 1299 (M.D. Ala. 2009)(holding that the previous suspension of driver’s license because of bribery and two traffic citations for speeding could not demonstrate incompetence); Hornady Truck Line, Inc. v. Meadows, 847 So. 2d 908, 916 (Ala. 2002) (holding that a driver who had been cited for speeding six times during four years and driver 's license had been suspended once during that time was an incompetent driver); Edward, 926 So. 2d at 321 (holding that eleven moving violations, two DUIs, and “broadside a lady” once while driving during sixteen years was an incompetent

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