Negligent Entrustment Lawsuit Against the Driver's Father
In Zedella v. Gibson, 165 Ill. 2d 181, 650 N.E.2d 1000, 209 Ill. Dec. 27 (1995), the supreme court affirmed the dismissal of a negligent-entrustment action against the driver's father, but stressed that the father neither gave nor sold the car to his son, the father never had possession of the vehicle, the son made his own insurance payments, the son was an emancipated 23-year-old adult, had a residence away from home at Southern Illinois University where the vehicle was located (the father lived in Wisconsin), and provided some means of support for himself. Zedella, 165 Ill. 2d at 189-92, 650
In Zedella, the parties took discovery, and defendant's motion was filed under section 2-619, where the court considers pleadings, depositions, and affidavits. Zedella, 165 Ill. 2d at 185-86, 650 N.E.2d at 1002.