Curley v. General Valet Service, Inc.

311 A.2d 231, 270 Md. 248, 1973 Md. LEXIS 682
CourtCourt of Appeals of Maryland
DecidedNovember 9, 1973
Docket[No. 5, September Term, 1973.]
StatusPublished
Cited by59 cases

This text of 311 A.2d 231 (Curley v. General Valet Service, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Curley v. General Valet Service, Inc., 311 A.2d 231, 270 Md. 248, 1973 Md. LEXIS 682 (Md. 1973).

Opinions

[250]*250Murphy, C. J.,

delivered the opinion of the Court. McWilliams, Singley and Digges, JJ., dissent and Singley, J., filed a dissenting opinion in which McWilliams and Digges, JJ., concur at page 267 infra.

On Sunday, December 3,1967, Alonzo Stevenson, while on personal business, drove a van leased by his employer, the appellee, General Valet Service, Inc. (General Valet) through a policeman’s stop signal and a red light at Harford Road and North Avenue in Baltimore. The van collided with a fire truck, killing fireman James Grahe and injuring firemen Joseph Kraus and Thomas Curley. The fire truck then struck a car owned by James Newby causing personal injury to Newby and his wife, and property damage to both vehicles. Four actions arising out of this accident were consolidated for trial in the Superior Court of Baltimore City, and resulted in jury verdicts in favor of the plaintiffs, appellants herein, against Stevenson and General Valet.1 On appeal, the Court of Special Appeals reversed the judgments entered against General Valet.2 General Valet Serv. v. Curley, 16 Md. App. 453, 298 A. 2d 190 (1973). We granted certiorari to review the question whether the Court of Special Appeals, in applying the doctrine of negligent entrustment, erred in holding that General Valet’s motion for a directed verdict should have been granted on the ground that the evidence was legally insufficient to permit the jury to decide that General Valet’s conceded entrustment of the van to Stevenson was negligent.

Judge Powers, in his opinion for the Court of Special Appeals, noted that the evidence introduced by the appellants at the trial bearing upon their allegations that General Valet was negligent in entrusting the van to Stevenson came from Stanley Caplan, General Valet’s [251]*251president, William Washington, its plant foreman, and from Stevenson, as well as from Stevenson’s record of motor vehicle violations at the time of his employment, as recorded in the Department of Motor Vehicles. The court’s opinion, 16 Md. App. at 465-469, outlined the relevant evidence as follows:

“Mr. Caplan said that General Valet Service, Inc. operated a dry cleaning, laundry and tailoring business at Fort Meade, as a concession of the post exchange. It operated one plant and five branches, all at Fort Meade. It served only military personnel or their dependents, and only through its branches. General Valet employed wives of service personnel, all of whom lived locally, to operate the branches. The plant itself had about 20 employees, some 15 of whom lived in the City of Baltimore. The number varied from time to time with employee turnover.

“The company used three motor vehicles in the business, all of them leased from Hertz. One was a truck which made daily trips between Fort Meade and Fort Ilolabird. This arrangement was not further explained, and is not material. Another was a station wagon, which appears to have been used exclusively by William Washington, the plant foreman, for transporting himself and approximately six plant employees to and from the plant and their homes in Baltimore.

“The third vehicle was the step van involved in this case. This vehicle, and its driver, a Baltimore resident, performed a double function. It was equipped with bench seats, and each morning the driver, starting from his home, made a number of stops in the east and west sections of the city, picking up some eight or nine plant employees and transporting them to the plant. The same procedure was followed in reverse at the end of the working day. During the day this van and the driver were engaged in making pickups and deliveries between the plant and the five branches at Fort Meade.

“In August, 1967, Mr. Caplan learned that the driver of his van was leaving his employment. He advertised in the [252]*252newspapers for a driver, and gave his home telephone number in Pikesville for responses to the ad. He said he had a lot of responses, but the difficulty was in getting the right driver he was looking for. He said he was looking for a mature, settled person. He had about a dozen calls before Stevenson’s, and rejected them all. What attracted him to Stevenson was his age, in the fifties, the fact that he was married, had what seemed to be a normal family life at home, that he had a car, that he was settled — ‘he seemed as though he would be the man that I would need’ — T told him to come out.’

“Caplan hired Stevenson on 23 August 1967, after interviewing him at the plant at Fort Meade, checking his chauffeur’s license, and taking the number. He said he had his foreman ride with Stevenson around the Post to see thatf he knew how to handle the truck, and he handled it very well. Stevenson himself testified to a much less comprehensive test. Caplan made a trip to the Department of Motor Vehicles to check on Stevenson’s chauffeur’s license, and his driving record. The record was ‘flashed on a screen’ and Caplan looked at it. While his later recollection of what was in the record was not entirely accurate, he was bound by the record as he saw it at the time. That record, which was in evidence, showed that Stevenson held a current chauffeur’s license which had never been suspended or revoked, and showed the following violations:

Date Disposition Description Points

62-12-07 15.00 Automatic signal 1

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Bluebook (online)
311 A.2d 231, 270 Md. 248, 1973 Md. LEXIS 682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curley-v-general-valet-service-inc-md-1973.