Legal Question in Personal Injury in Michigan

Car Accident Death

On May 24 one year ago my husband & I left home leaving my daughter her boyfriend and the boyfriends brother & friend at our house. We left around 7:30 & returned home around 10:30. We were very upset when we returned home and found that the daughters boyfriends brother & friend had left in an uninsured car that was licensed to me in the state of Indiana. I was just getting ready to call the car in as stolen when we got the call from the hospital that my daughters boyfriend needed to come to the hospital as there had been a bad accident. Needless to say I did not call the car in stolen. The brother & the boyfriends 5 year old daughter were killed. All expenses relating to the accident have been taken care of. There was never a decision as to whose fault the accident was. Now the boyfriends ex-girl friend(mother of the 5 year old killed) is attemping to sue me. What is there to sue me for? What should I expect? Thanks for any insight that you can give me.


Asked on 5/16/03, 9:53 am

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: Car Accident Death

First of all, you need a good lawyer experienced in this area of the law. You are being sued under two theories...a) negligent entrustment and b) under the owners liability statute. Your contention that you never gave permission to use the car and that it was basically "stolen", would be a good defense, if accepted by the jury or judge. The fact that the keys were available may be a problem for you. The fact that there is no determination of fault is very important. If the boyfriend's brother was not at fault, then there is no liability. With these extreme damages, you must defend yourself aggessively. If you wish to discuss this further, feel free to contact me at 248-353-9400.

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Answered on 5/16/03, 10:02 am


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