Hernandez v. Hertz Corp.

MEMORANDUM OPINION

SCOTT, District Judge.

This cause is before the Court on Hertz Corporation’s Motion to Limit Judgment and Motion for Judgment on the Pleadings. The facts are not in dispute. Plaintiff was a passenger in a car driven by her Husband, Alejandro Hernandez (“the insured”). The car had been leased from Hertz, and was being operated with its consent and permission. On July 28, 1985, through the insured’s conceded negligence, the car was involved in an accident resulting in bodily injury to Plaintiff who seeks liability coverage from Defendant.

The issues raised are novel and complex.…