Hertz Corp. v. Richards, s. 68--601
| Decision Date | 15 July 1969 |
| Docket Number | Nos. 68--601,68--525,s. 68--601 |
| Citation | 224 So.2d 784 |
| Court | Florida District Court of Appeals |
| Parties | The HERTZ CORPORATION, a foreign corporation, Appellant, v. Dorothy G. RICHARDS and Ronald C. Richards and Ronald J. Richards, a minor, by his father and next friend, Ronald C. Richards, Appellees. Caroline Mary TAYLOR, Appellant, v. The HERTZ CORPORATION, a foreign corporation, Dorothy G. Richards and Ronald J. Richards, a minor, by his father and next friend, Ronald C. Richards, Appellees. |
Matthews, Mandina & Lipsky, Miami, fro Taylor.
Weinstein, Weissenborn & Burr, Miami, for Hertz Corp.
Talburt, Kubicki, Carruthers & Garrett, Miami, for Richards.
Before PEARSON, C.J., HENDRY, J., and LOPEZ, AQUILINO, Jr., Associate Judge.
Dorothy G. Richards and Ronald C. Richards and their son, Ronald J. Richards, a minor, filed suit on account of personal injuries resulting from an automobile accident against The Hertz Corporation, the owner of an automobile which had allegedly collided with their motor vehicle. The Hertz Corporation who had rented the automobile to Gerald McGee and who is not a party to this suit, filed a Third Party Complaint against Caroline Taylor, the driver of the car, alleging that she was primarily responsible for any damage suffered by the plaintiffs and she being the actual tort-feasor should be held liable for all damages adjudged against The Hertz Corporation. Miss Taylor's motion to dismiss Third Party Complaint was granted but The Hertz Corporation filed an amended complaint to which another motion to dismiss was filed but which was denied. Thereafter, both Hertz and Taylor moved for Summary Judgment on the Third Party pleadings. The trial court granted summary judgment for Hertz and awarded to it judgment against Taylor for all damages which thereafter would be awarded to the Richards against The Hertz Corporation.
The cause then proceeded to trial on damages only as liability had been admitted. A verdict was returned for the plaintiffs, Dorothy G. Richards, Ronald J. Richards and Ronald C. Richards in the respective amount of $11,500, $100 and $3,400. Motion for new trial was denied and two appeals were taken which were consolidated; one from the summary judgment on Third Party pleadings and the other from the final judgment.
There are two points involved in this appeal. The first point is whether the lessee of an automobile pursuant to a rental agreement who paid the owner for liability insurance and the lessee in turn permits another person to operate the vehicle, is the owner of the vehicle entitled to indemnification from the person operating the vehicle for damages to a Third Party because of the operator 's negligence?
Gerald McGee rented a Hertz-owned vehicle and thereafter allowed Caroline Taylor to use the same but she operated it so negligently as to cause an accident for which she admitted liability. The rental agreement reveals that McGee paid Hertz for liability insurance and the agreement, among other things, provided as follows: * * * 2. * * * Under no circumstances shall vehicle be used, operated or driven * * * by any person except (1)...
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