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JOHNSON v. AMERICAR RENTAL SYSTEMS

No. C0-99-2151.

613 N.W.2d 773 (2000)

Janet JOHNSON, Respondent, v. AMERICAR RENTAL SYSTEMS, d/b/a Host Rent-A-Car, Inc., Appellant, Wade Mitchell Boe, et al., Defendants, Robyn J. Kuzara, Special Administrator of the Estate of Franklin Ralph Johnson, deceased, Respondent, American Family Mutual Insurance Company, Respondent.

Court of Appeals of Minnesota.

July 11, 2000.

Attorney(s) appearing for the Case

Gary L. Phleger, Wayzata (for respondent Janet Johnson).

Scott P. Drawe, Stich, Angell, Kreidler, Brownson & Ballou PA, Minneapolis (for appellant).

Thomas Leo Garrity, Minneapolis (for respondent Wade Boe).

Mark J. Condon, Chadwick, Johnson & Bridell, Minneapolis (for respondent City of Eden Prarire).

Toni A. Beitz, Assistant County Attorney, Minneapolis (for respondent County of Hennepin).

Ann Fitzgibbons, Eden Prairie (for respondent Robyn J. Kuzara).

William M. Hart, Minneapolis (for respondent American Family Mutual Ins. Co.).

Considered and decided by CRIPPEN, Presiding Judge, AMUNDSON, Judge, and ANDERSON, Judge.

OPINION

G. BARRY ANDERSON, Judge

Appellant Americar Rental Systems ("Americar") owned a rental car involved in an accident that injured respondent Janet Johnson. The district court found by way of summary judgment that Americar was liable for $125,000 of Johnson's damages.

On appeal, Americar claims that its vicarious liability as an owner of the vehicle is limited to $105,000 as a result of the provisions of Minn.Stat. § 65B.49, subd. 5a(i...

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