Warren ex rel. Warren v. Glascoe

Summary

The Supreme Court of Mississippi affirmed summary judgment for Jack and Margaret Glascoe in a negligent entrustment, negligent supervision, and vicarious liability action arising from an accident involving their grandson, who was driving under a learner’s permit. The court held that Mississippi Code section 63-1-21, as it existed in 1998, did not impose a supervisory duty or vicarious liability on the licensed adult occupying the seat beside the permittee, and that the record did not support Warren’s other negligence theories.

Holdings

1. Section 63-1-21, as it existed when the accident occurred in 1998, did not impose a duty of supervision on the licensed adult occupying the seat beside a learner's-permit driver.
2. Mississippi Code Annotated section 63-1-21 did not impute the negligence of the learner's-permit driver to the licensed adult occupying the seat beside the permittee.
3. The record did not support Warren's remaining theories of negligence, and summary judgment for the Glascoes was proper.

Questions Presented

1. Whether Mississippi Code Annotated section 63-1-21, as it existed in 1998, imposed a duty of supervision on the licensed adult required to occupy the seat beside a learner's-permit driver.
2. Whether section 63-1-21 imputed the negligence of the learner's-permit driver to the accompanying licensed adult.
3. Whether the record supported Warren's remaining theories of negligence, including negligent entrustment, negligent supervision, failure to control, and failure to warn, sufficiently to avoid summary judgment.

Disposition

affirmed