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CONSOLIDATED ENTERPRISES v. SCHWINDT

No. 2 CA-CV 90-0244.

171 Ariz. 452 (1991)

831 P.2d 828

CONSOLIDATED ENTERPRISES, INC., an Arizona corporation, dba Budget Rent-A-Car, Plaintiff/Appellant, v. Herbert SCHWINDT and Renee Y. Schwindt, husband and wife, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department A.

As Corrected March 5, 1991.

Review Granted June 11, 1991.

Attorney(s) appearing for the Case

Baker Sipe, Campoy and Newman by Ronald J. Newman, Tucson, for plaintiff/appellant.

Chandler, Tullar, Udall & Redhair by D.B. Udall, Tucson, for defendants/appellees.

OPINION

LACAGNINA, Judge.

The question raised in this appeal is whether a self-insured car rental agency which pays damages suffered by third persons resulting from the negligent act of the driver of a rented motor vehicle, loses its right to recover damages from the renter for breach of the rental agreement. We believe the provisions of A.R.S. § 28-324(A) and (B) do not abolish the owner/rental agency's right to sue its customer for breach of contract...

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