Scott v. Hertz Corp.
Scott v. Hertz Corp.
Opinion of the Court
The Appellants, plaintiffs below, appeal the denial of their motions to file amended complaints to state a cause of action against The Hertz Corporation based on its decision to rent a car to a driver under the age of twenty-five years, contrary to the corporation’s policy establishing twenty-five as the driver’s minimum age. We agree with the reasoning of the Oregon Court of Appeals when it held, “If a 16-year-old can lawfully drive a car, a person may entrust a ear to a driver who is that age or older without being negligent.... Without more, an allegation that a person entrusted a ear to a person who is under 25 cannot state a claim for negligent entrustment.” Mathews v. Federated Svc. Ins. Co., 122 Or.App. 124, 857 P.2d 852, 858 (Or.App. 1993). Therefore, Appellants’ proposed amended complaints did not state a cause of action.
Because the amendment would have been futile, we hold that the trial court did not
Affirmed.
Reference
- Full Case Name
- Elizabeth SCOTT, as Personal Representative of the Estate of Peter Scott, a minor, deceased Linda Hanson, as Personal Representative of the Estate of Aaron Ebbert, a minor, deceased Edward Smith and Joan Smith, as Personal Representatives of the Estate of James Smith, a minor v. The HERTZ CORPORATION
- Cited By
- 2 cases
- Status
- Published