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Zittrain Torts Playlist Spring 2013

Carole L. Shuck, Respondent, v. David Lynn Means, Respondent, Hertz Rent-A-Car, Appellant, George A. Codling, Defendant. United Services Automobile Association, Plaintiff, v. Hertz Rent-A-Car, Appellant, Carole L. Shuck, et al., Respondents, George A. Codling, Defendant. David Lynn Means, defendant and third-party plaintiff, Respondent, v. Royal Indemnity Company third-party defendant, Appellant.

Headnote

When a car renter allows a third-party to operate the vehicle (in violation of the rental agreement), can the rental agency be liable for the wrongful acts of the third-party? An eighteen year old got into a car accident with the plaintiff while driving a rental car leased out to his father. The teenager’s operation of the car was in violation of the rental agreement, and there was no evidence that the defendant rental agency was aware of this violation at the time.