Orange County Office Prevails on Behalf of Rental Car Client
Asir Fiola of the firm's Orange County office recently obtained dismissals, with prejudice, in two separate actions involving a rental car client.
In the first case, plaintiff was driving a freight liner when he was involved in a catastrophic accident with a vehicle owned by a rental car company. The driver of the rental vehicle, an employee of an automobile service facility, had picked up the vehicle to perform an oil change and tire rotation. Plaintiff and his wife sued the rental car company for damages arising out of the accident. Mr. Fiola convinced plaintiffs that the driver of the rental vehicle had exceeded the scope of his permission to use the vehicle, as there was evidence that the driver was not returning to the service facility at the time of the accident. Therefore, the rental car company was not liable for the driver's alleged negligence.
In the second matter, plaintiffs alleged that the renter negligently collided with plaintiffs while merging into a lane of traffic. Review of extensive medical records pertaining to the plaintiffs showed severe, pre-existing disc bulges, which plaintiffs claimed were caused by the accident. After the depositions of plaintiffs, in which the pre-existing conditions were denied, plaintiffs realized that further litigation would be futile, and dismissed their claims.
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