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Conflict of Laws Keyed to Brilmayer
Salavarria v. National Car Rental System, Inc.
Citation:
705 So. 2d 808 (La. App. 4th Dist. 1998)Facts
In 1994, Plaintiffs, Henry Salavarria and the passengers of Salavarria’s car, were injured when their car collided with a car owned by Defendant, National Car Rental System, Inc. (NCRS). NCRS’s car had been rented to Mitchell Brogdon and was being driven by an unauthorized driver, Heather Trempe. Plaintiffs are Louisiana residents, Brogdon and Trempe are Florida residents, and NCRS is a Delaware corporation doing business in Florida. Brogdon’s car rental contract was entered into in Florida. The car accident occurred in Louisiana.
Plaintiffs brought suit against NCRS in Louisiana state court. NCRS filed a motion for summary judgment, arguing that Louisiana law applied to the case. In Louisiana, a self-insured car rental agency has the right to restrict the ruse of rental vehicles to “authorized users” and cannot be held liable for accidents caused by unauthorized users. The trial court denied NCRS’ motion, finding that Florida law controlled the contractual obligation arising from the car rental agreement. NCRS appealed.
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