Suit over wrecked rental car dismissed without prejudice

By John Suayan, Galveston Bureau | Dec 19, 2011

GALVESTON - An order to non-suit without prejudice was recently entered into a lawsuit over a wrecked rental vehicle.

Galveston County Court at Law No. 3 Judge Christopher Dupuy signed the order Nov. 7, disposing DTG Operations' suit against Calvin Victoria of Dickinson after six months of litigation.

Court documents filed last May 16 claim Victoria owed DTG approximately $7,000 for getting the aforementioned vehicle into an accident almost two years ago

The original petition asserts the defendant was in violation of his rental agreement with the plaintiff when he failed to pay $6,500.

It adds Victoria did not return the vehicle in the same state in which he leased it.

The accident for which the suit arose occurred 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.

DTG moved to non-suit Victoria earlier this month.

No original answer was provided.

Cause No. 65,285

More News

The Record Network