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BUDGET RENT-A-CAR SYSTEMS v. RICARDO

No. 19738.

942 P.2d 507 (1997)

85 Hawai`i 243

BUDGET RENT-A-CAR SYSTEMS, INC., Plaintiff-Appellant, v. Clemente C. RICARDO and Robert Gates, Defendants-Appellees.

Supreme Court of Hawai`i.

June 16, 1997.

Attorney(s) appearing for the Case

Kathy M. Sarria (Carleton B. Reid of Reid, Richards & Miyagi, with her on the briefs), Honolulu, for plaintiff-appellant Budget Rent-A-Car Systems, Inc.

Tracy G. Chinen (Lance S. Au of Rush Moore Craven Sutton Morry & Beh, with him on the brief), Honolulu, for defendant-appellee Clemente C. Ricardo.

Roy J. Bell, III, Honolulu, for defendant-appellee Robert Gates.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.

KLEIN, Justice.

This declaratory relief action arose out of a one-car accident that took place on Ahukini Road on the island of Kauai. Clemente Ricardo, driving a Ford Mustang that he had rented from Budget Rent-A-Car Systems, collided with a telephone pole, resulting in injuries to the passenger, Robert Gates. Relying on language in its rental agreement with Ricardo that denies liability if the renter drives while under...

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