Oyola v. Burgos1/21/2005
The plaintiffs, Maribel Oyola, Johanka Delgado, Magdelina Santiago, and Brenda Gonzalez (collectively plaintiffs), appeal from the Superior Court's grant of summary judgment in favor of the defendant, Avis Rent-A-Car (Avis). This case came before the Supreme Court for oral argument on November 30, 2004, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. After hearing the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that cause has not been shown and proceed to decide the appeal at this time. For the reasons indicated herein, we affirm the judgment of the Superior Court.
The material facts of this case are not in dispute. On February 11, 2000, Carmen Burgos (Burgos) rented a 1999 Pontiac Grand Am from the Avis office in New Bedford, Massachusetts. According to the rental agreement, the car was to be driven only by the lessee, Burgos, or her spouse, her employer, or another employee. The agreement also provided that additional drivers must be at least twenty-five years old, must be present at the time of the rental, and must sign an additional driver form. Burgos listed a Florida address on the rental agreement, but was, in fact, a resident of Rhode Island.
On February 15th, Burgos, in the face of these restrictions, lent the car to her nineteenyear-old daughter, Maria Gonzalez (Gonzalez), with permission to drive it from Newport to Gonzalez's residence in Providence. The next day, Gonzalez drove the car from Providence to New York City to go shopping. The plaintiffs, all residents of Rhode Island, went along with Gonzalez. En route, while traveling southbound on the Bruckner Expressway (Interstate 95) in the Bronx, New York, the car struck the center divider. After the car was towed away, plaintiffs, and Gonzalez, all of whom allegedly suffered minor injuries, returned to Providence by bus.
The plaintiffs subsequently instituted a negligence action against Gonzalez, Burgos, and Avis, alleging that Gonzalez's negligence, while driving a car rented by Burgos and owned by Avis, caused their personal injuries. Avis moved for summary judgment, arguing that it was not liable for Gonzalez's negligent acts because she did not have permission to drive the vehicle and because she was not a valid driver under the terms of the contract or by way of an additional driver form.
Avis's motion for summary judgment presented the motion justice with a question involving a conflict of laws. Which state's law would govern Avis's liability, New York, Rhode Island, or Massachusetts? At the hearing below, the parties agreed that if Massachusetts or Rhode Island law governed the issue, Avis would not be liable as a matter of law. The parties disputed, however, what effect New York law would have on Avis's liability.
Applying our interest-weighing analysis for conflict of laws questions in tort cases, the trial justice found New York law did not apply to the case, and therefore, Avis was entitled to summary judgment as a matter of law. Although plaintiffs requested a ruling on exactly which state's law applied, the motion justice declined to elaborate, ruling instead that because New York law was not controlling, plaintiffs could not survive summary judgment. The plaintiffs timely appealed.
" hen reviewing a motion for summary judgment, this Court will 'examine the matter de novo and apply the same standards as those used by the trial court.'" Taylor v. Mass. Flora Realty Inc., 840 A.2d 1126, 1129 (R.I. 2004) (quoting JH v. RB, 796 A.2d 447, 448 (R.I. 2002)). We will uphold a motion justice's grant of summary judgment when no
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