Felps v. A Ambassador Limousine & Transportation Services, Inc., consolidated with McKeel v. Soteria Transportation Group

Summary

The court grants Greyhound Lines, Inc.’s unopposed motion for summary judgment in a consolidated motor-vehicle-accident action. The court holds that the undisputed facts show Greyhound had no employment, contractual, ownership, or operational relationship with the driver or bus and therefore owed the plaintiff no applicable duty of care; the plaintiff’s claims against Greyhound are dismissed with prejudice.

Holdings

1. Greyhound was entitled to summary judgment because the undisputed facts established that Moore was not Greyhound's employee and Greyhound did not exercise the requisite control over her conduct.
2. Greyhound was entitled to summary judgment on the negligent hiring, training, and supervision claims because the undisputed facts showed that Greyhound did not employ Moore or exercise the requisite control over her conduct and therefore owed McKeel no duty of care in the circumstances presented.
3. Greyhound was entitled to summary judgment on the negligent-entrustment claim because it did not own, possess, or control the bus and did not entrust any vehicle or equipment to Moore.
4. The court could grant Greyhound's unopposed summary-judgment motion because the undisputed facts, rather than the absence of opposition alone, showed that Greyhound was entitled to judgment as a matter of law.

Questions Presented

1. Whether Greyhound was entitled to summary judgment on McKeel's vicarious-liability claim when it did not employ Moore or exercise control over her.
2. Whether Greyhound was entitled to summary judgment on McKeel's negligent hiring, training, and supervision claims when Greyhound owed her no duty of care under the undisputed facts.
3. Whether Greyhound was entitled to summary judgment on McKeel's negligent-entrustment claim when it did not own, possess, control, or entrust the bus or equipment involved in the accident.
4. Whether an unopposed summary-judgment motion may be granted when the undisputed facts establish the movant's entitlement to judgment as a matter of law.

Disposition

other