Philpot v. Aguglia

This case requires us to decide whether a 1997 Dodge Grand Caravan (minivan) is a “truck” under the leased truck and trailer liability provision found at Neb. Rev. Stat. § 25-21,239 (Cum. Supp. 1998).

Kathleen J. Philpot, plaintiff-appellant, brought this action seeking damages following a two-vehicle collision. At the time of the collision, Linda S. Aguglia (Linda) was operating the minivan which her husband, defendant-appellee Biagio Aguglia, had rented from Enterprise Rent-A-Car Company - Midwest (Enterprise). Philpot sought to impose liability on Enterprise under § 25-21,239. Philpot…