GIANCOLA v. THRIFTY RENT-A-CAR SYS. INC.

No. 89-2773.

569 So.2d 849 (1990)

Joseph John GIANCOLA, for the Use and Benefit of Selective Insurance Company of America, Appellant, v. THRIFTY RENT-A-CAR SYSTEMS, INC., Dean Wayne Scott, Salient Group, Inc., D/B/a Thrifty Car Rental, Appellees.

District Court of Appeal of Florida, Fourth District.

November 7, 1990.


Attorney(s) appearing for the Case

Edward D. Schuster of Pyszka, Kessler, Massey, Weldon, Catri, Holton & Douberley, P.A., Fort Lauderdale, for appellant.

Joseph T. Kissane and John W. Wylie of Kimbrell & Hamann, P.A., Miami, for appellees.


DOWNEY, Judge.

This is a plenary appeal from a judgment based upon the dismissal of an amended complaint for subrogation brought by an insurer's use plaintiff against a third party tortfeasor.

The use plaintiff, Joseph John Giancola, was injured in Orlando, Florida, when struck by a motor vehicle owned by Thrifty Rent-A-Car Systems, Inc., and operated by Dean Wayne Scott. Giancola was a resident of New Jersey, Scott was a resident of Arizona, and Thrifty is...

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