Hertz Corp. v. Smith

CIRILLO, Judge.

Gray Smith appeals from an order entered in the Court of Common Pleas of Philadelphia County, granting summary judgment in favor of The Hertz Corporation (“Hertz”) and additional defendant St. Paul Fire & Marine Insurance Company (“St. Paul”), and against Smith. We affirm.

On or about December 12,1991, Smith rented an automobile from Hertz. At the execution of the rental agreement, Smith declined the optional loss damage waiver and agreed to be contractually liable for any and all loss or damage to the rental car, regardless of fault. While he was driving the rental car, Smith…