VAL PREDA LEASING, INC. v. RODRIGUEZ

No. 86-297.

540 A.2d 648 (1987)

VAL PREDA LEASING, INC., d/b/a Budget Rent a Car of Burlington v. Jesus RODRIGUEZ and Brunswick Corporation.

Supreme Court of Vermont.

December 24, 1987.


Attorney(s) appearing for the Case

Stevens & Vogl, Shelburne, for plaintiff-appellee.

James W. Coffrin of Pierson, Affolter & Wadhams, Burlington, for defendants-appellants.

Before ALLEN, C.J., HILL, PECK and GIBSON, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.


ALLEN, Chief Justice.

The defendants were found liable after a trial by court for damage to a car rented by Mr. Rodriguez for use in his employment by the co-defendant. The defendant fell asleep while driving the car, collided with a telephone pole, and wrecked the car. Under the rental agreement the defendants are liable for damage caused by a violation of the provisions of the agreement, one of which is that the vehicle not be used by

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