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Date: 03-15-2024
Case Style:
Case Number: 3:03-cv-04234
Judge: Maxine M. Chesney
Court: United States District Court for the Northern District of California (San Francisco County)
Plaintiff's Attorney: Steven Mark Bauer, David A. York, Margaret Tough, and Thomas Duley - (415) 395-8095
Defendant's Attorney: San Francisco, California insurance defense lawyer represented the Defendant.
Description: San Francisco, California personal injury lawyers represented the Plaintiffs who sued the Defendants on auto negligence theories.
On August 18, 2002, Marc Holland ("Holland") rented a 2002 Ford Escort from ERAC-SF. ( See Duley Decl., filed October 22, 2004, Ex. 5; Watt Decl., filed November 5, 2004, Ex. B.) At the time Holland rented the subject vehicle, his driver's license was suspended. ( See Pls.' Req. for Judicial Notice, filed October 22, 2004, Ex. 2; Defs.' Req. for Judicial Notice, filed November 5, 2004, Ex. A; Defs.' Req. for Judicial Notice Ex. A.) On August 25, 2002, Brooke Snyder was killed as a result of injuries sustained when, while walking across Lombard Street in San Francisco, she was struck by Holland as he was driving the rented vehicle. ( See Pls.' Req. for Judicial Notice, filed October 22, 2004, Ex. 5; Defs.' Req. for Judicial Notice, filed November 5, 2004, Ex. B.) On January 23, 2004, Holland pleaded guilty to violating the California Vehicle Code by, on August 25, 2002, driving under the influence of alcohol, a drug, and the combined influence of alcohol and a drug, and by driving with 0.08 percent, or more, by weight, of alcohol in his blood. ( See Pls.' Req. for Judicial Notice, filed October 22, 2004, Exs. 3, 4.)
Plaintiffs, who are the parents and successors in interest of the decedent, ( see First Amended Complaint ¶ 1), allege that defendants are liable for the death of the decedent. In the First Amended Complaint ("FAC"), plaintiffs allege four claims against each defendant: (1) Personal Injury and Property Damages, based on the theory that the decedent sustained injury as a result of defendants' negligent entrustment of the vehicle to Holland; (2) Wrongful Death, based on the theory plaintiffs sustained injury as a result of the negligent entrustment; (3) Permissive Use, based on the theory that defendants are vicariously liable for the negligence of Holland; and (4) Unfair Competition, based on the theory that defendants have a practice of renting vehicles to unlicensed drivers.
Under this law, the amount of compensation an injured party can receive is determined by their level of fault in relation to the accident. For example, if a court determines that the injured party is 20% at fault, their total damages award will be reduced by 20%.
Outcome: 03/21/2024 313 OPPOSITION/RESPONSE (re 305 MOTION to Unseal Document Certain Documents ) Defendant Enterprise Rent-A-Car Company of San Francisco's Opposition to Intervenor Ashley Savel's Motion to Unseal Certain Documents filed byEnterprise Rent-A-Car Company of San Francisco. (Attachments: # 1 Declaration of Greg Burgos, # 2 Proposed Order)(Poppen, Joseph) (Filed on 3/21/2024) (Entered: 03/21/2024)
Plaintiff's Experts:
Defendant's Experts:
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