Cherokee County Court Issues Defense Verdict in Rental Car Negligence

In Cherokee County, a plaintiff driving a rented automobile lost control on a rural road, resulting in a collision. The plaintiff alleged the vehicle had bald tires and a defective seatbelt, which reportedly broke during the crash. The plaintiff was thrown into the backseat, sustaining a fractured collarbone and facial lacerations. The vehicle was totaled.

The plaintiff filed a lawsuit, alleging the defendant rental company was negligent in leasing a defective automobile, which was the proximate cause of the accident. The defendant countered that the vehicle was in good condition, the plaintiff had assumed the risk, and lost control due to excessive speed. The defendant also filed a counterclaim for the loss of the rental vehicle, valued at $10,000. The plaintiff sought $16,000 in medical expenses and $12,000 for lost income.

The court directed a verdict in favor of the defendant on the issue of liability regarding the plaintiff's claims. Following this ruling, the case proceeded on the defendant's counterclaim. The record indicates the case concluded after this verdict. Separately, the plaintiff filed a lawsuit against the automobile manufacturer concerning the seatbelt, which was later settled.