Woods v. Alken Auto Sales Ltd.

Per Curiam. Plaintiffs, Willie Woods and Jean Tatum, filed separate appeals as of right from the *598 trial court’s orders that granted summary disposition for defendant Aiken Auto Sales Ltd., and dismissed plaintiffs’ personal injury lawsuits that arose from an automobile accident. MCR 2.116(C) (8) and (10). We affirm. Defendant Aiken sold a car to defendant Donald J. Card, who had no valid Michigan driver’s license. About two weeks later, a truck owned by defendant Pepsi-Cola Metro Bottling Co. and driven by defendant Rubin Posada made a wide right-hand turn ahead of defendant Card, who lost control of the car and swerved into oncoming traffic. He struck an automobile driven by Woods, severely injuring both Woods and his passenger, Tatum. Plaintiffs sued separately and settled their claims against their respective defendants, except defendants Card and Aiken. Woods took a default against Card, and Tatum never served Card. The trial court did not err in dismissing the case and in refusing to extend the doctrine of negligent entrustment under the facts of this case. Aiken did not retain title and had no expectation of regaining possession of the car involved in the accident. See Perin v Peuler (On Rehearing), 373 Mich 531, 537-538; 130 NW2d 4 (1964); Haring v Myrick, 368 Mich 420, 423, 424, n 2; 118 NW2d 260 (1962); Tanis v Eding, 265 Mich 94, 95-97; 251 NW 367 (1933). For that reason, the trial court properly refused to extend liability under the doctrine of negligent entrustment. Barksdale v Nat'l Bank of Detroit, 186 Mich App 286, 291; 463 NW2d 258 (1990). Affirmed.