Legal Question in Civil Litigation in Missouri
Civil law Suit
My father-in-law got into an auto accident on Dec 24, 99 while intoxicated. The car was under my wife's name, she was also the primary name on the insurance although his name was also included in the policy. The liability was for $50,000. My father in law had to pay his medical bills, plus he was under probatory for a year. He got into this accident after leaving his friends at a local bar, we didn't know what was he doing until the police call us at home to come and pick him up, no bail at all. I'm in the military and now we are in VA, and we just got a fax from her dad with a civil law suit for him and my wife for $25,000 each. The petition states that since my wife was aware of her dad's drinking condition at the time she is also responsible for the damages cause to this guy. I believe the insurance has stay out of it. my question is, does this guy really have case at all? Any advise or suggestions would be greatly appreciated. My wife and me will be going to JAG next week, but I believe that JAG wo't get involve in this kind of case. Thanks!
2 Answers from Attorneys
Re: Civil law Suit
Absolutely as to the nature of the cause of action; maybe not as to civil liability.
One person who intentionally permits another person the use of an automobile, knowing that that other person has a drug or alcohol problem such that he is likely to drive while intoxicated is negligent if it causes someone else actual damages. The things a plaintiff has to prove are duty, negligent breach of duty, proximate cause, and actual damages. Everyone having anything to do with cars has a duty not to do anything that will jeopardize the safety of people using the roads. Arguably, your wife breached that duty by making it possible for her father to drive drunk. Damages is easy, there'd be no suit if someone hadn't been damaged somehow. Proximate cause is often an issue in these "negligent entrustment" cases, because, while allowing one to use a car is a necessary predicate to the collision, it didn't cause the collision. The current political climate concerning drunk drivers causes most courts to ignore that issue.
The amount of damages sued for is probably $25,000, with the idea that they'll recover from either or both, that's why each is sued for the same amount. Check the last clause in the pleading (usually beginning, "Wherefore...") to be sure.
As to the civil liability issue: a fax from a co-defendant is not good service of process. If your wife has not been served in some formal way, there is no basis for the court to exercise jurisdiction over her. Because it is possible to be served properly and not to know about it (e.g., service was by posting on the door, and neighborhood kids swiped the papers; or service was made on the commissioner of the dmv and mailed to the wrong address, etc.) check the file in the clerk's office to be sure there's no return of service. If more than one state is involved, there may be other issues concerning whether the jurisdiction of the court in which suit has been filed is proper.
If no one reports it to the insurance company promptly, the insurance company will probably say it's not covered. Otherwise, the insurance ought to take care of the defense of the case.
Re: Civil law Suit
Her insurance company should provide her a defense in this case, once she is served with process. What that means is that the insurance company, once notified of the claim (which shold be done at once), should pay for a lawyer to represent her. If the insurance refuses to do so, then your wife would need to hire her own attorney, who,in addition to filing a responsive pleading on behalf of your wife, should redouble the efforts to have the insurance live up to its duty to defend its insured (i.e. provide a lawyer).
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