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Conflicts Keyed to Currie
Levy v. Daniels’ U-Drive Auto Renting Co.
Facts
Daniels (Defendant), an automobile rental company located in Hartford, rented an automobile to Sack (Defendant). At the time the events in question took place, Connecticut law provided that anyone who rents a motor vehicle to another shall be liable for any damage to any person or property caused by operation of the vehicle during the rental period. Plaintiff was a passenger in the rented automobile when Sack (Defendant) drove negligently on a Massachusetts highway where Maginn (Defendant) negligently collided with Sack’s (Defendant) vehicle. As a result of their negligence, Levy (Plaintiff) suffered severe injuries and sued Daniels (Defendant) in Connecticut, seeking to apply the Connecticut statute. Massachusetts had no statute defining the liability of renters of motor vehicles. Daniels (Defendant) demurred, arguing that the law of the place of the tort should apply. Plaintiff claimed he was suing upon a contract. The demurrer was sustained.
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