Bly-Magee

Bly-Magee v. Budget Rent-A-Car Corp.

Good Law
1994 Cal. App. LEXIS 347·24 Cal. App. 4th 318·29 Cal. Rptr. 2d 330·94 Daily Journal DAR 5354·94 Cal. Daily Op. Serv. 2785
Court of Appeal of CaliforniaApril 21, 1994B068538California2,703 words

Opinion

Opinion

Vogel, J.

Appellant Budget Rent-A-Car Corporation (Budget) appeals from a judgment awarding damages of $291,000 in favor of Charlotte Bly-Magee (Bly-Magee). The jury found that Budget was negligent in failing to register a vehicle rented by Bly-Magee and that this negligence resulted in her arrest and incarceration. The trial court limited Budget’s voir dire to the issue of agency and refused to submit its special verdict form specifically describing nonparties for the allocation of comparative fault. Budget contends that each of these rulings is reversible error. We affirm.

Factual and Procedural Background

On October 4, 1990, Bly-Magee rented a car at Runabout Enterprises, Inc., doing business as Budget Rent-A-Car of Downey (Downey). She had been referred to Downey by using Budget’s national toll free number to locate the Budget location nearest her place of employment. While using the rented car, Bly-Magee was stopped by California Highway Patrol (CHP) Officer Flores who had noticed that the tags on the license plates had expired. Flores asked Bly-Magee for the car’s registration. Bly-Magee told Flores the car was rented. Flores asked Bly-Magee to produce proof of insurance…

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