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HAYS v. ROYER

No. WD 74772.

384 S.W.3d 330 (2012)

Brody HAYS, et al., Appellants, v. Francis M. "Pete" ROYER, et al., Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 25, 2012.

Application for Transfer Denied December 18, 2012.

Attorney(s) appearing for the Case

Daniel J. Baylard , Blue Springs, MO, for Appellants.

Joseph J. Roper and Michael L. Belancio , Kansas City, MO, for Respondents.

Before DIV III: VICTOR C. HOWARD, Presiding Judge, and KAREN KING MITCHELL and CYNTHIA L. MARTIN, Judges.

KAREN KING MITCHELL, Judge.

This is a negligent entrustment case. The issue is whether an entrustee may have a viable claim against the entrustor when no third party was injured and when the entrustee's claim is dependent upon his own negligence (and not some independent negligent act of the entrustor). The Restatement view is that, in a state in which contributory negligence does not bar the plaintiff's claim, an entrustee may state a cause of action against the...

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