California Court of Appeal

In plaintiffs' suit against a car rental company for wrongful death of their son and negligent entrustment of the vehicle, claiming that an electronic check of the customer's driving record would have revealed two arrests for driving under the influence within the previous 48 months, trial court's judgment in favor of the car rental company is affirmed where: 1) the duty owed by rental car companies articulated in Osborn v. Hertz Corp. remains an accurate statement of law as, regardless of the availability of electronic driver's license checks, the Legislature has defined the conduct required of rental car companies to determine the validity of customers' licenses, and it is not the province of the courts to supersede the Legislature's choice by imposing additional duties; and 3) because plaintiffs have not alleged any breach of duty that was owed by the defendants, various other issues briefed by the parties, including issues of causation, need not be addressed.

Appellate Information

• Decided 09/22/2010
• Published 09/22/2010

Judges

• WILLHITE

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Steven B. Stevens, Risa J. Morris