Wells v. Enterprise Rent-a-Car Midwest, 03-0196.

• Court: United States State Supreme Court of Iowa
• Citation: 690 N.W.2d 33
• Docket Number: No. 03-0196.,03-0196.
• Parties: Teondra L. WELLS, Individually and as Next Friend and Parent of Jahsiah Hardat; Douglas Wells, a Minor, by Tina Wells, His Next Friend and Parent; Tina Wells, Individually and as Next Friend of Douglas Wells; and Jahsiah Hardat, a Minor, by Teondra L. Wells, His Next Friend and Parent, Appellants, v. Tanya Whitaker a/k/a Tanya Wright, Defendant, and ENTERPRISE RENT-A-CAR MIDWEST, Appellee.
• Decision Date: 10 December 2004

690 N.W.2d 33

Teondra L. WELLS, Individually and as Next Friend and Parent of Jahsiah Hardat; Douglas Wells, a Minor, by Tina Wells, His Next Friend and Parent; Tina Wells, Individually and as Next Friend of Douglas Wells; and Jahsiah Hardat, a Minor, by Teondra L. Wells, His Next Friend and Parent, Appellants,
v.
Tanya Whitaker a/k/a Tanya Wright, Defendant, and
ENTERPRISE RENT-A-CAR MIDWEST, Appellee

No. 03-0196.

Supreme Court of Iowa.

December 10, 2004.

690 N.W.2d 34

Rodney K. Maharry and Jami J. Hagemeier of Williams, Blackburn, Hudson & Maharry, P.L.C., Des Moines, for appellants

Mark D. Lowe of Hopkins & Huebner, P.C., Adel, for appellee.

CARTER, Justice.

Teondra Wells; her minor child, Jahsiah; Douglas Wells; and Douglas's mother, Tina Wells, appeal from an adverse judgment on a jury verdict in their action against Enterprise Rent-A-Car Midwest (Enterprise), a car rental company. The plaintiffs' injuries were sustained when fireworks exploded in the vehicle owned by Enterprise and operated by Tanya Whitaker, who had rented a 1999 Chevrolet Blazer from Enterprise. At issue on the appeal is whether the district court erred in allowing the jury to determine by interrogatory answer that the damages being sought were not caused by the motor vehicle, as required by Iowa Code section 321.493 (1999), which provides for owner's liability "for damages done by any motor vehicle by reason of negligence by the driver, and driven with the consent of the owner." Also at issue is whether the rental agreement between Enterprise and Whitaker for lease of the vehicle in which the fireworks exploded negated consent for Whitaker to use the vehicle for an illegal purpose.

The jury did not respond to the second issue because it found that the damage to plaintiffs was not occasioned by the operation

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of a motor vehicle so as to impose liability on the owner under section 321.493. After reviewing the record and considering the arguments presented, we conclude that it appears from the evidence as a matter of law that the injuries sustained by plaintiffs were not caused by circumstances that give rise to an owner's liability claim under Iowa Code section 321.493. We therefore affirm the judgment of the district court

I. Relevant Facts.

On June 30, 2000, Tanya Whitaker rented a 1999 Chevrolet Blazer from defendant, Enterprise Rent-A-Car Midwest. Defendant was the owner of the Blazer. In the course of renting the Blazer, Whitaker signed a rental agreement with defendant.

The rental agreement was contained in a "jacket." The "rental jacket" was four pages in length. It consisted of a top white page, which was the contract; yellow and pink pages, which were copies of the contract; and a fourth page, which provided general information and advertising. Terms on the back of the contract prohibited the use of the rented vehicle for any illegal purpose. Specifically, the terms at paragraph 13 stated:

VIOLATIONS OF THE CONTRACT: A violation of the contract shall exist if the car is used or driven....

(c) For any illegal purpose, in a race, speed contest, to tow a vehicle or trailer.

Additionally, on the front of the contract, directly above the signature line, notice was provided that there were terms on the reverse side of the contract. Specifically, the notice above the signature line stated:

I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS ON BOTH SIDES OF THIS AGREEMENT.

Whitaker testified that she had rented a vehicle from defendant five to ten times prior to her rental of the Blazer on June 30, 2000. On her previous rentals, the same contract or a similar contract, with terms on the front and back, was used. She also testified that she knew the language on the reverse side of the contract was binding when she signed it. Finally, Whitaker testified that had she read paragraph 13 on the reverse side of the contract, she would have understood its meaning.

On the early morning of July 4, Whitaker, along with her boyfriend, Tyson Wells, drove to Missouri where Tyson purchased fireworks. This purchase consisted of firecrackers, bottle rockets, roman candles, arterial shells, and mortars (also referred to as cherry bombs). The amount of fireworks purchased filled four grocery bags and a crate.

Later on July 4, Whitaker and Tyson Wells took the fireworks to the home of Whitaker's mother, Loretta Nelson. That evening some of the fireworks were discharged at a park near Loretta Nelson's home. The remaining fireworks, a minimum of one full bag and one half full bag remained in the cargo area of the Blazer. When the family gathering at Loretta Nelson's home broke up, Whitaker drove in the Blazer to the area of Forest Avenue and Sixteenth Street in Des Moines. She was accompanied by O'Keitha Nelson, Tyson Wells, Teondra Wells, Douglas Wells, and Shunntae Averette. When they arrived at their destination, there were people discharging fireworks in the area, and some persons were aiming fireworks at the Blazer.

Tyson and Douglas Wells exited the Blazer and shot fireworks at people and vehicles in the neighborhood. Douglas Wells and a witness named David Fugate testified that some fireworks were being discharged from within the Blazer, but

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Whitaker denied that. When the Blazer reached a position...