Monday, April 2, 2001
Richard Toombs v. Alamo Rent-A-Car, Inc.

00-1755

Osceola County


Ian Stuttard and his wife Julia jointly rented an Alamo car. Later, Ian negligently drove the car, causing an accident that killed Julia and injured one of the couple's children. Toombs, the representative of Julia's estate, sued Alamo. Alamo moved to dismiss on grounds her estate could not sue because she was a joint renter of the car and her husband's negligence was imputed to her. The trial court agreed, and the Fifth District Court affirmed.