Friedman v. Alamo Rent-A-Car, Inc.

I respectfully dissent. I believe the trial court erred as a matter of law when it entered a summary final judgment on liability in favor of appellee, Alamo Rent-A-Car. Briefly, appellant, age eighteen, rented an automobile from appellee. Appellant *834purchased, as part of her lease, a collision damage waiver. The parties stipulated that, while operating the automobile appellant became seriously ill and asked her companion, also age eighteen, to drive the vehicle. An accident occurred, through no fault of appellant’s companion, when another vehicle ran a stop sign and collided with the rental…