Cross Country Leasing Corporation v. Ryder Truck Rental, Inc.

432 F.2d 781, 1970 U.S. App. LEXIS 6847

Opinions

PER CURIAM:

We affirm the District Court’s construction and application of the truck rental agreement here under interpretation. The lessor is Cross Country Leasing Corporation, chartered in Alabama with its principal place of business there. The lessee is Ryder Truck Rental, Inc., a Florida corporation. Both are licensed in Virginia. The subsidiary facts were uncontested.

Cross Country brought this action for $11,079.00 in the United States District Court for the Western District of Virginia against Ryder to recover the cost and incidental expenses in repairing one of its trucks extensively damaged in North Carolina while operated by Ryder under the lease. Its terms stipulated that the lessee would not be liable for collision impairment beyond $250.00 unless the injuries occurred while the vehicle was used or driven in violation of the contract.

The defendant was held at fault because of such misuse of the conveyance, and the plaintiff was given judgment for $7,204.68, plus interest and attpmey’s fees, in a jury-waived trial. There is no contest in the computation of the claim. The sole issue is the entitlement to an adjudication of any liability at all beyond the limitation of $250.00.

At trial the plaintiff’s evidence was directed to the acts of the defendant said to constitute breaches of the contract and creating liability on the part of the defendant. The District Judge stated his fact findings, legal conclusions and decision fixing Ryder’s liability with precision, clarity and comprehension. We adopt them as our opinion. Cross Country Leasing Corp. v. Ryder Truck Rental, Inc., 302 F.Supp. 1274 with appendix, 317 F.Supp. 622 (W.D.Va.1969).

The judgment on review is approved.

Affirmed.