Anthony Vento was seriously injured in a car accident caused by Deha Dogan, who was operating a vehicle rented from Avis Rent a Car. Vento sued Avis for negligently entrusting the vehicle to Dogan. The District Court initially dismissed the complaint with leave to amend. Vento filed an Amended Complaint, but Avis moved to dismiss again, arguing the claims were insufficient. The District Court dismissed the Amended Complaint with prejudice on May 30, 2025. Vento appealed to the Third Circuit, arguing that Avis should have known Dogan was a risk because he presented a foreign driver's license without an international permit and because Avis allegedly violated its own screening protocols.
The Third Circuit reviewed the dismissal de novo, accepting the facts alleged in the Amended Complaint as true. The court applied Pennsylvania law, which defines negligent entrustment under Section 308 of the Restatement (Second) of Torts. To succeed, a plaintiff must show the defendant permitted a third person to use a vehicle while knowing or having reason to know that the person intended or was likely to use it in a manner creating an unreasonable risk of harm. The court found Vento's allegations insufficient because he offered no case law supporting the conclusion that a foreign license and lack of an international permit, without more, establish an unreasonable risk. Furthermore, the court noted that Avis's policy stated it 'may' require an international permit, not that it 'must,' meaning Vento could not plausibly allege a policy violation. Even if a violation occurred, the court reasoned that a failure to procure a permit does not automatically prove the driver posed a risk or that the rental company was on notice of such risk. Regarding the second issue, the court addressed Vento's new argument that his claim was brought under 75 Pa. Const. Stat. § 1574. The court observed that neither the Complaint nor the Amended Complaint referenced this statute. Citing established precedent, the court held that issues not raised before the District Court are forfeited on appeal absent exceptional circumstances, which were not present here.
The decision affirms the dismissal of Vento's case, meaning the negligent entrustment claim against Avis cannot proceed on the current facts. It reinforces the pleading standard for negligent entrustment in the Third Circuit, requiring specific allegations that a rental company had actual or constructive knowledge of a driver's dangerous propensities. The ruling also serves as a reminder that litigants must raise all statutory arguments in the District Court to avoid forfeiture on appeal. The case is closed unless Vento can identify new facts or a different legal theory that was not previously raised.
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