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COWAN v. JACK

No. 2005-CA-0175.

922 So.2d 559 (2005)

Valeria Bailey COWAN, Individually; Valeria Bailey Cowan as Administratrix of The Estate of Sharon Dortch; Valeria Bailey Cowan, as Administratrix of The Estate of Gabrielle Dortch v. Kevin T. JACK; U-Haul Company of North Carolina; U-Haul International, Inc., "Company A," "Company B," and "John Doe C;" Republic Western Insurance Company; DEF Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

December 21, 2005.

Attorney(s) appearing for the Case

Gary W. Fillingim, Peter F. Burns, Sr., Richard H. Barker, IV, Jack Harang, Burns, Cunningham, Mackey & Fillingim, P.C., Mobile, AL, for Plaintiff/Appellant.

C. York Craig, III, Forman Perry Watkins Krutz & Tardy LLP, Jackson, MS, and Amos H. Davis, Baton Rouge, Louisiana, for Defendants/Appellees, U-Haul Co. of North Carolina, U-Haul Co. of Tennessee and U-Haul International, Inc.

Michael R. Sistrunk, Lynda A. Tafaro, McCranie, Sistrunk, Anzelmo, Hardy, Maxwell & McDaniel, Metairie, LA, for Defendant/Appellee, Republic Western Insurance Company.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge PATRICIA RIVET MURRAY, Judge MAX N. TOBIAS, JR.).

Judge PATRICIA RIVET MURRAY.

This is a wrongful death and survival action. The principal issue on this appeal is whether a rental company has a legal duty to investigate the driving history of a customer who presents a facially valid driver's license. Apparently finding no legal duty, the trial court granted summary judgment in favor of the rental company defendants. From that judgment, the plaintiff appeals. For the reasons that follow, we affirm.

FACTUAL...

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