GARCIA v. VANGUARD CAR RENTAL USA, INC.

No. 07-12235.

540 F.3d 1242 (2008)

Maria D. GARCIA, as surviving Spouse, as Administrator and Personal Representative of the Estate of Jose Garcia, and on behalf of her minor children Gabriela Garcia and Luis Garcia, Plaintiff-Cross-Defendant-Appellant, Santos Ruiz, individually, and as administrator and personal representative of the Estate of Nelson Ruiz, and on behalf of and as legal guardian of the minor Nelson Xavier Ruiz, et al., Plaintiffs, v. VANGUARD CAR RENTAL USA, INC., a Delaware corporation, National Rental (US), Inc., a Delaware corporation, f.k.a. National Car Rental, Alamo Financing, L.P., a foreign limited partnership, Alamo Rent-A-Car (Canada) Inc., a Florida corporation, et. al., Defendants-Cross-Plaintiffs-Appellees, Vanguard Rental (Belgium), Inc., a Florida corporation, et. al., Defendants-Appellees, United States of America, Intervenor, Gregory Davis, et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

August 19, 2008.


Attorney(s) appearing for the Case

John Vail, Andre Mura, Center for Constitutional Litigation, P.C., Washington, DC, for Garcia.

Mark Andrew Perry, Gibson, Dunn & Crutcher, LLP, Washington, DC, James P. Waczewski, Luks, Santaniello, Perez, Petrillo & Gold, Tallahassee, FL, Paul S. Jones, Luks, Santaniello, Perez, Petrillo & Gold, Orlando, FL, David Clark Borucke, Steven L. Brannock, Holland & Knight, LLP, Tampa, FL, for Appellees.

Richard P. Schweitzer, Richard P. Schweitzer, PLLC, Washington, DC, for Amicus Curiae Truck Renting and Leasing Ass'n.

Charles W. Scarborough, Mark B. Stern, U.S. Dept, of Justice, Civ. App. Staff, Washington, DC, for U.S., Intervenor.

Before EDMONDSON, Chief Judge, and KRAVITCH and ALARCÓN, Circuit Judges.


KRAVITCH, Circuit Judge:

These consolidated declaratory judgment and wrongful death actions require us to interpret the Graves Amendment, 49 U.S.C. § 30106, a federal tort reform statute which purports to shield rental car companies from certain vicarious liability suits. We conclude that the tort claims at issue are within the Amendment's preemption clause and not within its savings clause. We further conclude the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases