The Hertz Corporation, a Delaware Corporation v. Felipe C. Lafradez

892 F.2d 83 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. The HERTZ CORPORATION, a Delaware corporation, Plaintiff-Appellee, v. Felipe C. LAFRADEZ, Defendant-Appellant. Nos. 88-15111, 88-15461. United States Court of Appeals, Ninth Circuit. Submitted Oct. 26, 1989. * Decided Dec. 12, 1989. Before ALARCON, O'SCANNLAIN and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Defendant Felipe Lafradez (Lafradez) appeals from the district court's judgment and award of costs in favor of The Hertz Corporation (Hertz). Hertz sought a declaratory judgment pursuant to 28 U.S.C. § 2201 that Hertz had no obligation to provide no-fault benefits to Lafradez, and sought to recover attorneys' fees and costs incurred. 3 Lafradez contends that the district court based its judgment for Hertz--that there was no accidental harm caused by a motor vehicle--solely on absence of physical contact. The district court, however, specifically found both that the Hertz vehicle did not physically come into…