United States Fifth Circuit

In an action for damages from injuries sustained in an automobile accident with a rental car, it was error to apply Texas law as opposed to Florida law for purposes of vicarious liability on the rental agency defendant; thus, the case is remanded for a finding of defendant-agency's vicarious liability.

Appellate Information

• Decided 11/28/2005
• Published 11/28/2005

Judges

• E. GRADY JOLLY, Circuit Judge:, Before JOLLY, JONES and DeMOSS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Charles William Fillmore (argued), The Fillmore Law Firm, Fort Worth, TX, Stephen Morris Briley, Banner, Briley & White, Wichita Falls, TX, for Cates., Charles William Oldham (argued), Meredith Lea Kennedy, Oldham, Hanson & Florendine, Wichitia Falls, TX, for the Creamers., Blazena Psurny (argued), Thomas William Long, Tribble & Sanders, Houston, TX, for Hertz Corp.