HEARTY v. HARRIS

No. 89-CA-1246.

559 So.2d 884 (1990)

Louis L. HEARTY, et al. v. Russlane HARRIS, Gerald Elwood, and Diversified Services, Inc., d/b/a Budget Rent A Car.

Court of Appeal of Louisiana, Fourth Circuit.

March 29, 1990.


Attorney(s) appearing for the Case

Michael E. Botnick, Bradford R. Roberts, II, New Orleans, for appellants.

James L. Donovan, Jr., Donovan & Lawler, Metairie, for appellees.

Before BARRY, and WILLIAMS, JJ., and HUFFT, J. Pro Tem.


WILLIAMS, Judge.

This appeal arises out of an automobile accident between plaintiffs, Louis L. Hearty and Leo R. Bias, and defendant, Russlane Harris. At the time of the accident, the car driven by Harris was leased by defendant, Budget Rent-A-Car, to Nathaniel E. Willis.

Summary judgment was granted dismissing plaintiffs' claims against Budget, based on provisions of the rental agreement stating that use of the rented vehicle by a driver other than one specified...

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