Cousin v. Enterprise Leasing Company-South Central, Inc., et al.


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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: 11-30-2006
Opinion Author: CARLSON, J.
Holding: AFFIRMED

Additional Case Information: Topic: Personal injury - Rental of car - Duly licensed - Section 63-1-67
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 Appellee's Motion for Summary Judgment
Case Number: 02004-045

  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  

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Topic: Personal injury - Rental of car - Duly licensed - Section 63-1-67

Summary of the Facts: Schiquita Rogers rented a 2002 Pontiac Grand Am from Enterprise Rent-A-Car Company. Enterprise employee 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. Rogers ran a stop sign while driving her rented car. Rogers collided with a vehicle driven by Lealue “Annette” Cousin, who suffered leg injuries requiring surgery that cost $40,000. Due to her injuries and damages suffered as a result of this accident, 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 Kellems 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’ facially valid license according to the procedures set forth in subsections (2) and (3), Enterprise was not guilty of negligence per se. 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). Because Enterprise complied with the procedures set forth by statute, the trial judge did not err in granting summary judgment in favor of Enterprise.


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