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Nunez v. A&M Rentals2/14/2005
he status of Patten's license] and driving history through a direct on-line computer connection with the Registry of Motor Vehicles." Whether there is a legal duty is a question of law. Vaughn v. Eastern Edison Co., 48 Mass. App. Ct. 225, 226 (1999), citing Bergendahl v. Massachusetts Elec. Co., 45 Mass. App. Ct. 715, 722-723 (1998), cert. denied, 528 U.S. 929 (1999). We conclude that the Commonwealth does not require license verification beyond G. L. c. 90, ยง 32C, given that the Legislature has chosen not to speak on the issue. See Lindstrom v. Hertz Corp., 81 Cal. App. 4th 644, 649-651 (2000) (where state statute requires rental car agencies to determine whether a potential customer possesses a valid driver's license, court declined to extend duty to require them to determine whether customers are familiar with the rules of the road, noting " t is for the Legislature, not the courts, to determine whether tort liability should be based on an individual's membership in a class"); Grimmett v. Burke, 21 Kan. App. 2d 638, 650 (1995) (nothing in the record to suggest that the car dealership should have inquired of the Kansas Department of Motor Vehicles); McCarroll v. Kinchen, 526 So. 2d 484, 489 (La. App. 1988) ("If Louisiana is to require testing of prospective vehicle lessees, we believe it within the province of the legislature to so decree and set the standards"). See also Suiter v. Epperson, 6 Neb. App. 83, 102 (1997).
Conclusion
For the reasons set out above, the judge's order allowing the defendant's motion for summary judgment is affirmed.
So ordered.
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