BECK, J.
On February 26, 1999, Ravinderpal Chana, a twenty-one year old student at the University of Massachusetts, rented a car from defendant North Amherst Auto Rental, Inc. (NAAR). At approximately 3:00 A.M. on February 28, Chana struck the plaintiff, Wilson Ortiz, also a student at the university, as Ortiz walked in the street with two friends. Ortiz suffered a bimalleolar fracture of his right ankle as a result of the accident.
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