Valet service cannot be held liable for negligently entrusting a motor vehicle to its rightful owner.

Nicole Weber died as a result of a motor vehicle accident where she was a passenger in a car driven by Michael Price. Price had left his car in the custody of a valet car service, and when he returned to pick it up, he was visibly intoxicated. The plaintiff, the estate of the decedent, filed a wrongful death claim sounding in negligent entrustment against the valet company. The court rejected the plaintiff's argument that the valet service had a duty from refraining to return the car keys to an intoxicated driver. Rather, once Price had paid for the valet service, the valet company had no right to retain possession of the vehicle or prevent Price from taking possession, thus, absolving it of any legal possessory right over the property.

Case Law Alert, 1st Quarter 2013