Allen

On November 13, 1975, 19-year-old Stephen Toledo smashed his father’s pick-up truck into Charlene Allen’s Volkswagen “Thing” which was pulling out of the driveway of a convenience store, killing Charlene. Her four minor children sued Stephen and his father Robert Toledo for her wrongful death. The cause of action against Robert was for negligently entrusting Stephen with his truck when he knew, or should have known, Stephen was a reckless driver.

The jury returned a general verdict of $200,000 against Stephen and Robert. The jury also answered special interrogatories on negligent en trustment and comparative fault. The jury found Robert permitted Stephen to use his vehicle when he knew or should have known Stephen was a reckless driver; Stephen’s recklessness proximately caused this accident. As to comparative fault, the jury found Charlene was not negligent.

Stephen and Robert appeal the judgment. Contrary to plaintiffs’ claim, the appeal is not frivolous.

Admission of Evidence of Other Accidents

Over objection, the court admitted evidence of Stephen’s involvement in three earlier vehicle accidents. Robert knew Stephen had been in an accident on November 18, 1973,…