Brent Powell


An employer who entrusts, hires or retains an incompetent employee to operate a motor vehicle is liable for any resulting damages. Liability does not arise out of the employment relationship, nor does it rest on vicarious liability. It is an independent tort resting on the combined negligence of the employer and the employee. In McHaffie v. Bunch, the Missouri Supreme Court considered this evidentiary problem and concluded that evidence associated with the claims of negligent entrustment/hiring must be excluded when defendant employers stipulate to liability under respondeat superior. This Note considers the appropriateness of this holding.

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