Slow Down, Homer
February 26, 2013The court affirmed a summary judgment against the Poynors in their negligence suit. When shopping for a new car at a BMW dealership, the salesperson, Homer, took them for a test drive and negligently crashed the vehicle. The Poynors sued the North American BMW distributor and BMW’s U.S. holding company for various claims of negligence, including one claim for vicarious liability, contending that BMW was vicariously liable for the dealership’s negligence due to its agency relationship with the dealership. The trial court granted BMW’s summary judgment and the Poynors appealed.
On appeal, the court first noted that the contract between BMW and the dealership specifically disclaimed an agency relationship. The same contract, however, required the dealership to maintain certain standards that the Poynors argues amounted to “control” sufficient to create an agency relationship. Looking to the activity that caused the injury, the court observed that the contract did not provide BMW control over the test drive and, while BMW required the dealership to train its salespeople, BMW was not directly responsible for Homer’s training or supervision. Thus, BMW was entitled to summary judgment on these claims. Finding that BMW also owed no direct duty to train or supervise Homer, the court affirmed the judgment.
