Cousin, et al. v. Enterprise Leasing Company Central, Inc., et al.
| Docket Number: | 2006-CA-00478-SCT Linked Case(s): 2006-CA-00478-SCT ; 2006-CA-00478-SCT ; 2006-CA-00478-SCT ; 2006-CA-00478-SCT |
|
| Supreme Court: | Opinion Link Opinion Date: 02-15-2007 Opinion Author: CARLSON, J. Holding: AFFIRMED |
|
| Additional Case Information: |
Topic: Personal injury - Negligence per se - Section 63-1-67 - Then duly licensed Judge(s) Concurring: SMITH, C.J., WALLER AND COBB, P.JJ., AND EASLEY, J. Dissenting Author : DICKINSON, J. Dissent Joined By : DIAZ, GRAVES AND RANDOLPH, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
|
| Trial Court: |
Date of Trial Judgment: 02-16-2006 Appealed from: Chickasaw County Circuit Court Judge: Henry L. Lackey Disposition: Granted Summary Judgment in favor of Appellee Case Number: 02004-045 |
|
| Note: | On Motion for Rehearing - Original Opinion withdrawn, & this opinion substituted therefor | |
| Party Name: | Attorney Name: | |||
| Appellant: | Lealue "Annette" Cousin and Richie Cousin |
CHYNEE ALLEN BAILEY
ORLANDO RODRIQUEZ RICHMOND, SR. |
||
| Appellee: | Enterprise Leasing Company-South Central, Inc. and Jana Kellems | LUTHER T. MUNFORD JAMES GRADY WYLY, III THEAR JULES LEMOINE |
|
|
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
|
| Topic: | Personal injury - Negligence per se - Section 63-1-67 - Then duly licensed |
| Summary of the Facts: | The motion for rehearing is denied, and these opinions are substituted for the original opinions. Schiquita Rogers rented a 2002 Pontiac Grand Am from the Enterprise Leasing Company - South Central, Inc. located in Tupelo. Jana Kellems rented the car to Rogers. Rogers produced an unexpired license to Kellems that had been issued by the State of Mississippi. However, unbeknownst to Kellems, Rogers’s license had been suspended. While driving the rented car, Rogers ran a stop sign and collided with a vehicle driven by Lealue Cousin, who suffered leg injuries requiring surgery that cost $40,000. Cousin and her husband, Richie Cousin, sued Enterprise and Kellems, alleging negligence per se for renting a car to a person who was not then duly licensed according to section 63-1-67. Enterprise filed a motion for summary judgment which the court granted. The Cousins appeal. |
| Summary of Opinion Analysis: | Cousin argues that, according to section 63-1-67, Enterprise was negligent per se by renting a car to a person who was not “then duly licensed.” Enterprise argues that since it complied with the statute by checking Rogers’s facially valid license according to the procedures set forth in subsections (2) and (3), Enterprise was not guilty of negligence per se. This is an issue of first impression. Enterprise was not negligent per se because the statute only places a burden on rental car companies to accept facially valid, unexpired driver’s licenses. The intent of the statute was that rental car companies were to comply with section 63-1-67(1) by fulfilling their responsibilities as mandated under subsections (2) and (3). The Mississippi Legislature set forth its required procedure in the statute, and Enterprise complied with that procedure. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
