Legal Opinion

Osborn v. Hertz Corp.

California Court of Appeal

Decided October 28, 1988No. C000242PublishedCited by 29 opinions

1Opinion of the Court

Opinion

SIMS, J.

In this case, we hold that a car rental company is not liable for injuries caused by a drunk driver who had rented a car while sober by presenting a valid driver’s license.

The drunk driver is Dennis Ege. In the early morning hours of July 18, 1981, plaintiff Joan Elaine Osborn 1 was on a date with Ege when he drove the car in which they were riding into a tree, causing plaintiff serious injuries. Defendant The Hertz Corporation (Hertz) had earlier rented the car to Ege.

Before the accident Ege would drink alcohol about once a month, but on those occasions he would get “pretty…

2Cases cited26 opinions

  1. Bell v. BursonSupreme Court of the United States · 1971
  2. Richards v. StanleyCalifornia Supreme Court · 1954
  3. Mann v. CracchioloCalifornia Supreme Court · 1985
  4. Perez v. Van Groningen & Sons, Inc.California Supreme Court · 1986
  5. Ewing v. Cloverleaf BowlCalifornia Supreme Court · 1978

21 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Paterno v. StateCalifornia Court of Appeal · 1999
  2. ABC International Traders, Inc. v. Matsushita Electric Corp. of AmericaCalifornia Supreme Court · 1997
  3. Siskiyou County Farm Bureau v. Department of Fish & WildlifeCalifornia Court of Appeal · 2015
  4. California Youth Authority v. State Personnel BoardCalifornia Court of Appeal · 2002
  5. Walton v. City of Red BluffCalifornia Court of Appeal · 1991

24 more not listed; retrieve them via the Exa API.

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