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Home My WebLink About92-4142 CivilJEFFREY M. JOHN, Plaintiff V. VIRAL A. YVAS, HERMANT PATEL, GARDEN STATE LEASING and RENT -A -CAR CORP., and CONTINENTAL INSURANCE COMPANY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 4142 CIVIL 1992 IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS BEFORE SHEELY P.J. and OLER J. ORDER OF COURT AND NOW, thfi&jday of March, 1993, the Preliminary Objections in the form of a demurrer filed on behalf of Defendants Garden State Leasing and Rent-A-Car Corp., and Continental Insurance Company, are SUSTAINED, and the Complaint is DISMISSED as to those Defendants. BY THE COURT, 4 . esley Oler, J . J George F. Douglas, Jr., Esq. Attorney for Plaintiff William A. Addams, Esq. Attorney for Defendants Garden State Leasing and Rent-A-Car Corp. and Continental Insurance Viral A. Yvas 19 Broadway, Apt. Bl Passaic, NJ 07055 Hermant Patel 19 Broadway, Apt. Bl Passaic, NJ 07055 :rc JEFFREY M. JOHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW VIRAL A. YVAS, HERMANT PATEL, GARDEN STATE LEASING and RENT -A -CAR CORP., and CONTINENTAL INSURANCE COMPANY, Defendants NO. 4142 CIVIL 1992 IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS BEFORE SHEELY, P.J., and OLER J OPINION AND ORDER OF COURT Oler, J. For disposition in the present case are preliminary objections in the form of a demurrer filed by Defendants Garden State Leasing and Rent-A-Car Corp., and Continental Insurance Company, to a complaint filed by Jeffrey M. John (referred to hereinafter as Plaintiff). Plaintiff has conceded the validity of the demurrer as to Continental Insurance Company.' For the reasons set forth in this Opinion, the preliminary objection of Garden State Leasing and Rent-A-Car Corp. (referred to hereinafter as Defendant) will also be sustained. It is well settled in Pennsylvania that a preliminary objection in the nature of a demurrer admits as true "all material facts set forth in the complaint as well as all references reasonably deducible therefrom ...." Eckell v. Wilson, 409 Pa. Super. 132, 135, 597 A.2d 696, 698 (1991). "Preliminary objections in the nature of a demurrer... will be sustained ... when it appears with certainty that the law permits no recovery under the facts pled ...." Paone v. City of Scranton, 9 Pa. D. & CAth 115, 117 ' Plaintiff's Brief, at 1. No. 4142 CIVIL 1992 (Montgomery Co. 1991). Furthermore, "[w]here ... there is no factual dispute in the case, only a dispute over the interpretation of the law, it is appropriate for the court, in making such a determination, to interpret the applicable law and determine the merits of the claim." Cooley v. East Norriton Township, 78 Pa. Commw. ll, 13 n.3, 466 A.2d 765, 767 n.3 (1983). The facts, as set forth in Plaintiff s Complaint, may be summarized as follows: Defendant is a corporation engaged in the business of renting cars to the public, and operates such a business at 89 Ridge Road, North Arlington, New Jersey.' In connection with this business, Defendant has been authorized by Continental Insurance Company to issue insurance binders and coverage to its customers and to accept premium payments on the insurance company's behalf.' On November 23,1990, Defendant leased a 1989 Ford Van to Hermant Patel, and in the lease agreement Viral A. Yvas was listed as a driver of this vehicle.4 At that time, pursuant to the authorization from the insurance company, Defendant agreed to issue insurance binders and coverage to both Hermant Patel and Viral A. Yvas and accepted a premium payment from them.' ' Plaintiff's Complaint, paragraphs 4, 6. 3 Plaintiff's Complaint, paragraph 8. 4 Plaintiff's Complaint, paragraph 7. Since Plaintiff does not have a copy of this lease, it is not attached to the Complaint. s Plaintiff's Complaint, paragraph 16. 2 No. 4142 CIVIL 1992 On the same day, Plaintiff was operating his vehicle on U.S. Route ll in Middlesex Township, Cumberland County, Pennsylvania.' While Plaintiff was stopped at a traffic light, Viral A. Yvas, who was driving the rented van, collided with Plaintiffs automobile.' As a result of this collision, Plaintiff has suffered $2,060.11 in damages to his vehicle.' Plaintiff has filed the present action contending that Viral A. Yvas negligently operated the leased van, and that this negligence caused the collision in question and the resulting damages.' Furthermore, Plaintiff contends that, despite its agreement to do so, Defendant failed to issue an insurance binder and coverage to Viral A. Yvas.10 Plaintiff is seeking a monetary award equivalent to the damages to his automobile.' 1 Defendant maintains that the complaint fails to set forth a cause of action. It has been noted that, in order to set forth a valid cause of action in negligence, 12 a complaint must allege the following elements: I. A duty, or obligation, recognized by the law, requiring the s Plaintiff's Complaint, paragraph 10. ' Plaintiff's Complaint, paragraph 11. s Plaintiff's Complaint, paragraph 13. 9 Plaintiff's Complaint, paragraph 12. to See Plaintiff"s Complaint, paragraph 17; Plaintiff's Brief, at 1. 11 Plaintiff's Complaint, paragraph 17, ad damnum clause. lz Plaintiff contends that he has "a valid cause of action against [Defendant] for [its] negligence in not putting Viral A. Yvas' name on the rental agreement as an additional driver named." Plaintiff's Brief, at 1. On the other hand, the complaint alleges that Viral A. Yvas was listed on the agreement as a driver. For purposes of this opinion, it is assumed that for one reason or another the insurance coverage upon Yvas was not effected. 3 No. 4142 CIVIL 1992 actor to conform to a certain standard of conduct .... 2. A failure on his part to conform to the standard required. 3. A reasonably close causal connection between the conduct and the resulting injury [.] 4. Actual loss or damage resulting to the interests of another. Casey v. Geiger, 346 Pa. Super. 279, 289-90, 499 A.2d 606, 612 (1985) [citing Prosser, Law of Torts, §30 at 143 (4th ed. 1971)] (emphasis added), allocatur denied, 516 Pa. 638, 533 A.2d 710 (1987). Furthermore, "absent a legal duty owed to the injured party, no recovery can lie." Bruce v. Commonwealth o f Pennsylvania, Dept. of Transportation, 138 Pa. Commw. 187, 194, 588 A.2d 974, 977 (1991) (emphasis added). In the present action, Defendant contends that it owed no duty to Plaintiff, and thus cannot be held liable to Plaintiff in a negligence action. In this regard, the Court has not been directed to a negligence case which can be said to support liability on the part of Defendant under the circumstances of this case. In addition, existing authority tends to militate against such liability. See Sabino v. Junio, 441 Pa. 222, 272 A.2d 508 (1971); Jahn v. O'Neill, 327 Pa. Super. 357, 475 A.2d 837 (1984). In Sabino, the Pennsylvania Supreme Court affirmed the granting of summary judgment in garnishment proceedings in favor of an auto leasing corporation and its automobile liability insurance carrier, where (a) the plaintiff had obtained a judgment against the driver of a leased vehicle, (b) the driver had been omitted from the rental 4 No. 4142 CIVIL 1992 agreement by lessor's agent due to his age, and (c) the omission had resulted in an absence of liability insurance as to the driver. In Jahn, the Pennsylvania Superior Court declined to hold that an owner of a motor vehicle was at that time required "to insure against property damage caused by one driving the vehicle with the owner's permission." Jahn v. O'Neill, 327 Pa. Super. 357, 361, 475 A.2d 837, 839 (1984). Because of the lack of authority for an imposition of liability upon Defendant — liability arising out of a duty recognized by the law in favor of Plaintiff — the following Order will be entered: ORDER OF COURT AND NOW, thisZkJday of March, 1993, the Preliminary Objections in the form of a demurrer filed on behalf of Defendants Garden State Leasing and Rent-A-Car Corp., and Continental Insurance Company, are SUSTAINED, and the Complaint is DISMISSED as to those Defendants. George F. Douglas, Jr., Esq. Attorney for Plaintiff BY THE COURT, s/ J. Wesley Oler Jr J. Wesley Oler, Jr. J. 5 No. 4142 CIVIL 1992 William A. Addams, Esq. Attorney for Defendants Garden State Leasing and Rent-A-Car Corp. and Continental Insurance Viral A. Yvas 19 Broadway, Apt. Bl Passaic, NJ 07055 Hermant Patel 19 Broadway, Apt. Bl Passaic, NJ 07055 rc