KAPLYSH v. TAKIEDDINE

No. 87-206.

35 Ohio St. 3d 170 (1988)

KAPLYSH v. TAKIEDDINE ET AL.; STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLANT; AGENCY RENT-A-CAR, APPELLEE.

Supreme Court of Ohio.

Decided February 17, 1988.


Attorney(s) appearing for the Case

Meyers, Hentemann, Schneider & Rea Co., L.P.A., and Henry A. Hentemann, for appellant.

McNeal, Schick, Archibald & Biro Co., L.P.A., and Steve J. Handlovics, for appellee.


LOCHER, J.

The primary issues presented in this action are (1) whether Haifa Takieddine was a qualified licensed driver at the time of the accident and (2) whether the court of appeals erred in dismissing State Farm's cross-appeal. We hold in the negative on both issues and, accordingly, affirm the decision of the court of appeals.

As observed above, paragraph two of page two of the rental agreement states:

"Under no circumstances shall vehicle be...

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