BALDERAS v. HOWE

No. WD 49145.

891 S.W.2d 871 (1995)

Juanita BALDERAS, Jose Balderas, Mario Balderas, Leticia Castillo, Victor B. Castillo, Jr., Victor B. Castillo, Sr., and Amada Castillo, Appellants, v. Tamera Rene HOWE, Nexus Rent-A-Car, Inc., James R. George, William J. George, and Dollar Rent-A-Car Systems, Inc., Respondents.

Missouri Court of Appeals, Western District.

January 31, 1995.


Attorney(s) appearing for the Case

Stephen W. Nichols, Kansas City, for appellants.

Eric T. Swanson, Kansas City, Robert A. Rees, Los Angeles, CA, for respondent Dollar Rent-A-Car.

Tamera Rene Howe, pro se.

James George, Linda George, pro se.

William T. Bernard, Kansas City, for defendant William J. George.

Before SPINDEN, P.J., and LOWENSTEIN and ELLIS, JJ.


SPINDEN, Presiding Judge.

Although franchising is an agency relationship, application of traditional principles of agency law to franchises is complex. That became apparent to the trial court as it endeavored to determine whether a franchisor, Dollar Rent-A-Car Systems, Inc., must defend a tort action involving the alleged negligent operation of an automobile by an employee of Dollar's franchisee, Nexus Rent-A-Car, Inc.

The appellants sued Dollar, Nexus, and...

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