Superior Court of Connecticut Granted Summary Judgment in Negligent Entrustment Action Where Plaintiff Sought to Sustain Their Entrustment Charge Via Constructive Notice

In this matter, a vehicle rented by defendant ELRAC, LLC to Mr. Edreice Harrell, but operated by an unknown driver, was involved in a motor vehicle accident with the plaintiff. ELRAC offered a standard defense that it entrusted the vehicle to Harrell, but not the unknown driver. The plaintiff argued ELRAC had constructive notice because Harrell had rented 23 different vehicles in a seven-month span and was often delinquent in returning vehicles and making payments. The court determined that these ancillary facts were insufficient to establish notice to ELRAC that Harrell was allowing other drivers to operate the vehicles Harrell rented from ELRAC and granted ELRAC’s summary judgment motion.