Eugene Lo v. Enterprise Rent-a-Car Co. of Boston, Inc.
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MAINE SUPREME JUDICIAL COURT Decision: 2010 ME 114 Docket: Yor-10-168 Submitted On Briefs: October 21, 2010 Decided: November 4, 2010 Panel: Reporter of Decisions SAUFLEY, C.J., and ALEXANDER, LEVY, MEAD, and JABAR, JJ. EUGENE LO v. ENTERPRISE RENT-A-CAR CO. OF BOSTON, INC. PER CURIAM [¶1] Enterprise Rent-A-Car Co. of Boston, Inc., (Enterprise) appeals from a judgment of the Superior Court (York County, Fritzsche, J.), holding that Scandent Group, Inc., (Scandent) was not jointly and severally liable with its employee, Pradmodh Koshy, to indemnify Enterprise for damages resulting from an accident that occurred when a vehicle rented from Enterprise was driven by another Scandent employee. [¶2] The relevant facts of this case are stated in our opinion in State Farm Mutual Automobile Insurance Co. v. Koshy, 2010 ME 44, 995 A.2d 651. In that opinion, decided after the trial court s opinion subject to this appeal, we held that Scandent is jointly and severally liable with Koshy, with the issue of unconscionability of the rental contract obligating both to be resolved on remand. 2 Id. ¶ 65, 995 A.2d at 670-71. Our ruling on the joint and several liability issue in the State Farm opinion governs that issue on this appeal. The entry is: Judgment vacated. Remanded for proceedings consistent with this opinion. Attorneys for Enterprise Rent-A-Car Company of Boston, Inc.: David P. Silk, Esq. Susan E. Schorr, Esq. Curtis Thaxter One Canal Plaza, Suite 1000 PO Box 7320 Portland, Maine 04112-7320 Attorney for Scandent Group, Inc.: John R. Veilleux, Esq. Matthew T. Mehalic, Esq. Norman, Hanson & DeTroy, LLC 415 Congress Street PO Box 4600 Portland, Maine 04112-4600 York County Superior Court docket number CV-2006-272 FOR CLERK REFERENCE ONLY further
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