Wrecked rental vehicle subject of lawsuit

John Suayan, Galveston Bureau May 21, 2011, 8:58am

GALVESTON � DTG Operations claims Dickinson resident Calvin Victoria owes it about $7,000 for a rental vehicle he allegedly wrecked almost two years ago, recent court documents say.

According to a lawsuit filed May 16 in Galveston County Court at Law No. 3, Victoria failed to pay $6,500 to the plaintiff, doing business as Dollar RAC, therefore violated his rental agreement with the company.

DTG also accuses the defendant of not returning the vehicle in the same state in which he leased it.

"The defendant Victoria has breached the contract by failure to return the leased vehicle in the same condition as when it was received, or to pay the damages after demand was made," the original petition says.

Victoria and the subject vehicle were involved in an auto accident on July 17, 2009.

The suit shows the parties' contract contained a bailment stressing the defendant "has a duty to exercise due care and attention over the rental equipment/vehicle" and "that the rental equipment/vehicle would be returned to (DTG Operations DBA Dollar RAC)."

The defendant, however, "breached this duty by failing to maintain proper secure possession of the plaintiff's property," it says, adding he failed to return said property in the same condition.

In addition to the $6,500 in question, DTG seeks $2,500 in attorney's fees.

Patterson, Boyd & Lowery PC is representing the plaintiff, and Galveston County Court at Law No. 3 Judge Christopher Dupuy is presiding over the case.

Cause No. 65,285

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