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KINKAID v. AVIS RENT-A-CAR SYS., INC.

No. 72-543.

281 So.2d 223 (1973)

Paul R. KINKAID, Appellant, v. AVIS RENT-A-CAR SYSTEMS, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

August 6, 1973.

Attorney(s) appearing for the Case

R.E. Conner, Ft. Lauderdale, for appellant.

H. Eugene Fischer, of Fischer, Hinckley & Shores, Ft. Lauderdale, and Robert L. Dube, Miami, for appellee.

PER CURIAM.

Affirmed.

OWEN, C.J., and CROSS, J., concur.

MAGER, J., dissents with opinion.

MAGER, Judge (dissenting):

I must respectfully dissent because in my humble opinion (exculpatory) clauses in contracts which have the effect of limiting a contracting party's liability for his own negligent acts should be declared void as contrary to public policy.

The law has never looked with favor on provisions which relieve...

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