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HARPER v. AGENCY RENT-A-CAR, INC.

No. 89-2738.

905 F.2d 71 (1990)

Glenna HARPER, and Thomas B. Harper, Plaintiffs-Appellees, v. AGENCY RENT-A-CAR, INC., Defendant-Third Party Plaintiff-Appellant, v. Douglas KIRKHAM, Third Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 23, 1990.

Attorney(s) appearing for the Case

John M. Smith, Bruce A. Smith, Harbour, Kenley, Boyland, Smith & Harris, Longview, Tex., for Douglas Kirkham.

Kevin J. Cook, Dehay & Blanchard, Dallas, Tex., for Agency Rent-A-Car, Inc.

Mark F. McMahon, Blake C. Erskine, Erskine, McMahon & Stroup, Longview, Tex., for Glenna and Thomas B. Harper.

Before GOLDBERG, GEE and WILLIAMS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

Appellee Glenna Harper sued appellant Agency Rent-A-Car, Inc. ("Agency") for injuries she sustained in an automobile accident while a passenger in a car driven by an employee of Agency. The employee was giving Harper and her daughter a courtesy ride to pick up a rental car in another town. At trial, applying a high standard of care to Agency as a "common carrier", the jury found Agency and Harper each 50% negligent. The court entered...

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