Permissive use/negligent entrustment claimed after DUI crash. $111,000 verdict. San Diego County.

Facts and Background

• Facts and Background:

  Defendant driver Jasen Tarbet, a 33-year-old man, was in between sober living facilities at the time of the subject incident. Defendant Tarbet had a long history of drugs and alcohol abuse. Defendant Christopher Joslyn and Vicky Joslyn are Jasen Tarbet’s step father and mother, respectively. 

  Plaintiff, James Jenkins, a 37-year-old man, was Jasen Tarbet’s traveling companion at the time; plaintiff also had a history of alcohol abuse. Plaintiff was sober until 2008 when his father passed away. Plaintiff was previously injured in a prior motor vehicle collision in 2007 in which he sustained a traumatic brain injury.

  Tarbet and Jenkins were staying at a sober living facility in Colorado when they decided to come back to a sober living facility in San Diego. Defendant Christopher Joslyn paid for Tarbet’s bus ticket and plaintiff Jenkins used his disability income. Upon arriving in San Diego, Tarbet and Jenkins were denied access to the sober living facility in Oceanside, California. Tarbet called his stepfather, defendant Christopher Joslyn who granted Tarbet permission for both Tarbet and Jenkins to stay at the Joslyn’s residence for a few days until they could get into another sober living facility. The Joslyns were on vacation in Arizona at the time. 

  Upon arrival to the Joslyn residence, Tarbet began drinking out of his parents’ fully stocked bar, which contained a large amount of hard alcohol. Tarbet had also taken prescription medications that belonged to someone else. Plaintiff had a few shots of vodka and fell asleep on the couch for several hours. A few hours after plaintiff fell asleep, Tarbet continued to drink and then woke up plaintiff to go to Tarbet’s friend’s house. Tarbet drove Christopher Joslyn’s Tacoma.  He veered off the road and crashed into a private residence. Tarbet was convicted of driving under the influence of prescription drugs and alcohol.

  The Joslyns disputed any Permissive Use to Tarbet at the time of the collision, claiming Tarbet took the Tacoma without permission. The Joslyns claimed that Tarbet was only allowed to drive their vehicle with expressed permission over the many years before this collision. The evidence at trial showed that Christopher Joslyn allowed Tarbet to drive the same truck approximately one month before this collision, while Tarbet's license was suspended, for the purpose of picking up a water hose for him.

  Tarbet and the Joslyns testified at trial that Tarbet did not have permission to drive the Tacoma at any other time before or after the collision. However, Tarbet admitted he has driven his parents’ various other vehicles on many occasions prior to the incident without his parents’ knowledge or permission but that his parents would always find out that he had taken their vehicles later. Tarbet acknowledged there were no consequences to his actions and that his parents would not do anything to stop this pattern of conduct. The Joslyns denied this ever occurred. All of the defendants maintained that there was no permission for the current occasion.

  The Joslyns also denied that Tarbet had any knowledge that they kept a set of spare keys in the laundry room even though they had kept it there for over 8 years and Tarbet had lived with them at various times on and off during this period of time.  Tarbet testified during trial that he was aware of where the spare keys were kept.

  Vicky Joslyn (mother of defendant Tarbet) testified during her deposition that the moment her son, Tarbet, drove away with the Tacoma, that their “housekeeper,” “Corey,” had called her and advised her that Tarbet had left with the Tacoma. Vicky also testified at deposition that Corey had informed her that both Tarbet and Jenkins smelled like alcohol when they left. During trial, Vicky recanted her testimony and stated it was not until the next day that Corey had told her Tarbet smelled like alcohol when he drove away.

  Christopher Joslyn testified during his deposition that he was present at the time Vicky received the call from Corey.   He testified that the call came in during the afternoon. During trial, Christopher recanted his testimony stating that the call did not come in until later that evening.

  During the litigation, the Joslyns claimed that they did not know Tarbet’s address or whereabouts. Just one week before trial, they were able to produce Tarbet for his deposition and for trial. 

  At trial, Tarbet admitted he was liable for the collision.

   

• Plaintiff's Contentions:

  That defendant Mr. Joslyn had given permission by words or conduct and that Mr. Joslyn also negligently entrusted the vehicle to Tarbet.  

  As to his contributory negligence, plaintiff Jenkins alleged that he had permission to be in the Joslyn’s residence. Also, that defendant driver Tarbet continued drinking while plaintiff was asleep for several hours after a 15-hour bus ride from Colorado; that he was unaware how intoxicated Tarbet had become. That Tarbet woke him up and said he needed to go to a friends house and that his father, Christopher Joslyn, said it was okay to for Tarbet to drive the vehicle.

• Defendant's Contentions:

  Defendants contended that Jasen Tarbet took his father’s truck without permission. The Joslyns claimed that they had no duty to call the police despite believing their son was intoxicated and did not have permission to use the vehicle. The Joslyns contended that just because they gave permission for Tarbet to be in their house while they were away, that did not lead to a conclusion they were responsible for his actions of driving the Tacoma without their permission.

  Defense argued that because plaintiff failed to wear the recommended back brace after the accident, that vertebroplasty was not necessary and that the L2 fracture would have healed on its own had Jenkins worn a back brace. The Josylns also disputed the need for future treatment and surgery.