TAMILIA FAIR, PERSONAL REPRESENTATIVE, ETC., APPELLANTS,
v.
WILKISHIA D. REESE, BUDGET RENT, ETC., ET AL., APPELLEES

Fla. 5th DCA | 2009-01-13
No. 5D08-1872
SAWAYA, ORFINGER and LAWSON, JJ., concur.
6 So. 3d 73 Florida District Court of Appeal, Fifth District (2009)

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Holding

The Graves Amendment, 49 U.S.C. § 30106, preempts Florida Statute § 324.021(9)(b)(2), which imposes vicarious liability on rental car companies for negligent operation of their vehicles.


Headnotes

[1] The Graves Amendment, 49 U.S.C. …

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Facts & Procedural History

Tamilia Fair, as personal representative, brought a negligence action against Wilkishia D. Reese and Budget Rent A Car arising from an incident involv…

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Opinion of the Court
PER CURIAM.

*74PER CURIAM.

AFFIRMED. See Karling v. Budget Rent A Car System, Inc., 2 So.3d 354 (Fla. 5th DCA 2008).

SAWAYA, ORFINGER and LAWSON, JJ., concur.

ON MOTION TO CERTIFY

PER CURIAM.

We grant Appellants’ motion to cei’tify to the Florida Supreme Court the following question as one of great public importance: DOES THE GRAVES AMENDMENT, 49 U.S.C. § 30106, PREEMPT SECTION 324.021(9)(B)(2), FLORIDA STATUTES (2007)? This is the same question certified by this court in Karling v. Budget Rent A Car System, 2 So.3d 354 (Fla. 5th DCA 2008) and Francis v. Dollar Rent A Car Systems Inc., 2 So.3d 356 (Fla. 5th DCA 2009); by the Second District Court of Appeal in West v. Enterpise Leasing Co., 997 So.2d 1196 (Fla. 2d DCA 2008); and by the Fourth District in Tocha v. Richardson, 995 So.2d 1100 (Fla. 4th DCA 2008) and Vargas v. Enterprise Leasing Co., 993 So.2d 614 (Fla. 4th DCA 2008).

QUESTION CERTIFIED.

SAWAYA, ORFINGER and LAWSON, JJ., concur.


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