A Texas woman has filed a lawsuit against a rental car company and an individual, alleging severe negligence and deceptive trade practices that led to her wrongful arrest. On August 27, 2024, Shelly Dore filed the complaint in Harris County District Court against Elite Rent a Car, Inc. (ERAC) and Robert Allen Buerkle.
According to the complaint, on or about October 2023, Shelly Dore rented a Toyota Rav4 from ERAC. Unbeknownst to her, the vehicle had been reported stolen by its previous owner, Robert Allen Buerkle, who subsequently sold it to ERAC. While driving the rented vehicle, Dore was arrested by police officers who believed she was in possession of a stolen car. This incident led to her suffering physical injuries and mental anguish.
Dore’s petition accuses both defendants of negligence and gross negligence. The plaintiff argues that ERAC had a duty to ensure that the vehicle they leased was not reported stolen. "Defendants had a duty to exercise the degree of care that a reasonably careful person would use to avoid harm," states the complaint. The failure to fulfill this duty resulted in Dore's wrongful arrest and subsequent injuries.
Additionally, Dore claims that ERAC violated multiple provisions of the Texas Deceptive Trade Practices Act (DTPA). She alleges that ERAC misrepresented their services by failing to disclose critical information about the vehicle's status as stolen property. Specific violations cited include representing goods or services with false characteristics and failing to disclose important information intended to induce consumer transactions.
In terms of relief sought, Dore is asking for monetary damages exceeding $100,000 but not more than $1,600,000. She is also seeking exemplary damages for gross negligence and violations under the DTPA. Furthermore, she requests pre-judgment and post-judgment interest, attorney’s fees, court costs, and any other relief deemed appropriate by the court.
The case has been assigned Case ID 2024-56969 in Harris County District Court with Judge Marilyn Burgess presiding over it. Don Nguyen represents Shelly Dore as her attorney.