The defendant grandmother moved for summary judgment to dismiss claims of vicarious liability and negligent entrustment after her grandson used her van to run over and kill a pedestrian in a public park following a drug deal.
The court granted the motion, finding that a public park is not a 'highway' under the Highway Traffic Act, precluding vicarious liability.
The court also dismissed the negligent entrustment claim, holding that the grandmother owed no duty of care to a pedestrian in a park and that the grandson's criminal use of the vehicle as a weapon was not reasonably foreseeable.
