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HARBOUR v. ARELCO, INC.

No. 11S04-9703-CV-202.

678 N.E.2d 381 (1997)

Owen HARBOUR, Appellant/Defendant, v. ARELCO, INC., d/b/a National Car Rental Systems, Appellee/Plaintiff.

Supreme Court of Indiana.

March 19, 1997.

Attorney(s) appearing for the Case

John Christopher Wall, Scott M. Kryouac, Wilkinson, Goeller, Modesitt, Wilkinson & Drummy, Terre Haute, for Appellant/Defendant.

David O. Thomas, John J. Thomas, Thomas & Thomas, Brazil, William K. Byrum, Stark, Doninger & Smith, Indianapolis, for Appellee/Plaintiff.

ON PETITION TO TRANSFER

BOEHM, Justice.

This case arises under Indiana Code § 24-4-9, a consumer protection statute regulating motor vehicle rentals ("Vehicle Rental Act"). We conclude that portions of the car rental contract used in this case do not conform to the Act and therefore, as the Act provides, are unenforceable.

Factual and Procedural History

On March 2, 1991, Owen Harbour rented a 1991 Mercury Grand Marquis from Arelco...

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