Marquez

We consider an appeal from a grant of summary judgment for respondent Enterprise Rent-A-Car. Appellant sued respondent and others for injuries stemming from a 1991 automobile accident with Michael Melcher. At the time of the accident, Melcher was driving a car rented from Enterprise by Martin Sanchez. In granting the summary judgment, the court found that Enterprise’s rental agreement did not, either expressly or impliedly, permit Melcher to drive the vehicle. We affirm.

Factual and Procedural Summary

In 1991, Martin Sanchez rented a car from respondent Enterprise Rent-A-Car. His rental agreement provided a space for Sanchez to request permission from respondent to allow other people to drive the car. At the time of his rental, someone had typed the words “no others” into this space. Sanchez initialed this part of the agreement and signed the completed form.

On June 8, 1991, the rental car, driven by Michael Melcher, was involved in an accident with appellant Jose D. Marquez. Appellant filed a complaint against respondent, Sanchez, and Melcher for personal injuries arising from the accident. After answering the complaint, respondent moved for summary judgment, alleging…