Opinion
Civil Action No. 03C-01-004-JRJ.
November 10, 2004.
Rory C. Godowsky, Esquire, Green, Green, Godowsky McFadden, Wilmington, DE.
Arthur D. Kuhl, Esquire, Law Offices of Michael A. Pedicone, Wilmington, DE.
Dear Counsel:
In follow up to the oral argument on Defendant Darlene Lee's Motion for Summary Judgment on November 5, 2004, the Court has again reviewed the moving and oppositional papers and the relevant case law. The Court DENIES WITHOUT PREJUDICE Defendant's Motion for Summary Judgment on the issue of negligent entrustment.
At present, there is no genuine issue of material fact regarding the issue of negligent entrustment. There are `no facts in the current record to suggest that Ms. Carlton was "reckless or incompetent" or that Ms. Lee or Mr. Majewski had reason to know that Ms. Carlton was "reckless or incompetent." The discovery period, however, has not yet closed, and plaintiff indicates that there is additional discovery which might reveal material facts on the elements of negligent entrustment.
Although, at this juncture, it seems that Mr. Majewski was clearly the equitable owner of the vehicle in that there is no dispute that Ms. Lee signed the title over to Mr. Majewski prior to the accident, the Court is reluctant to grant summary judgment in Darlene Lee's favor on the issue of ownership until further discovery is completed. At the conclusion of discovery, defendant may renew its Motion for Summary Judgment if a good faith basis exists do so.