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722 So. 2d 231

Scott v. Hertz Corp.

District Court of Appeal of Florida

Decided November 18, 1998

District Court of Appeal of Florida · decided 1998-11-18

Cited by 2 later decisions — most recently February 2018

1 federal appellate · 1 district ·

Relies on 122 Or. App. 124 - Mathews v. Federated Service Insurance

Good law ✅— No negative treatment on recordhow we know

Decided 1998-11-18

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PER CURIAM.

¶1The Appellants, plaintiffs below, appeal the denial of their motions to file amended complaints to state a cause of action against The Hertz Corporation based on its decision to rent a car to a driver under the age of twenty-five years, contrary to the corporation’s policy establishing twenty-five as the driver’s minimum age. We agree with the reasoning of the Oregon Court of Appeals when it held, “If a 16-year-old can lawfully drive a car, a person may entrust a ear to a driver who is that age or older without being negligent.... Without more, an allegation that a person entrusted a ear to a person who is under 25 cannot state a claim for negligent entrustment.” Mathews v. Federated Svc. Ins. Co., 122 Or.App. 124, 857 P.2d 852, 858 (Or.App.1993). Therefore, Appellants’ proposed amended complaints did not state a cause of action.

¶2Because the amendment would have been futile, we hold that the trial court did not *232abuse its discretion in denying leave to amend. Accordingly, we affirm.

¶3Affirmed.

BLUE, A.C.J., and FULMER and WHATLEY, JJ., Concur.
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