Appellant, Noah Bailey, appeals following a jury trial at which the jury found for the defendant, State Farm Mutual Automobile Insurance Company (“State Farm”). Bailey raises two issues, which we restate as whether the trial court abused its discretion in (1) denying Bailey’s Motion to Conform Pleadings to the Evidence and (2) in refusing to give Bailey’s tendered instruction regarding a theory of negligent entrustment.
Conclusion (slip op. at 16-17): We conclude the trial court acted within its discretion in denying Bailey’s motion to conform the pleadings to the evidence and in refusing to give Bailey’s tendered jury instruction on negligent entrustment. Affirmed.
Key Analysis (slip op. 14, 16): Indiana does not recognize a cause of action for negligent entrustment brought by a voluntarily intoxicated adult entrustee, and even if it did, the evidence in this case is insufficient to support a finding that Caudill actually knew Bailey was incapacitated . . . Bailey’s failure to include the final instructions has no effect on the ultimate result, as we conclude that insufficient evidence exists to support the instruction.