Morrison v. Parker

90 F.Supp.2d 876 (2000)

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Morrison v. Parker

United States District Court for the Western District of Michigan
90 F.Supp.2d 876 (2000)

  • Written by Rose VanHofwegen, JD

Facts

Thelma Morrison (plaintiff) rented a car from Hertz Corporation (plaintiff) and allegedly ran a stop sign, causing a collision. Fifteen-year-old Brian Edgerton Jr. was driving the other car, which belonged to Gerald Parker Jr. (defendant), who was in the car with members of his family but had no title or insurance. Edgerton and Parker suffered serious injuries. Parker brought a personal injury action in county court claiming Morrison was negligent and that Hertz was liable under Michigan’s owner’s statute. Edgerton had an attorney send a demand letter seeking $100,000 about 10 months after the accident but did not join Parker’s lawsuit. Because of Edgerton’s minority, the deadline for him to sue would not expire until he turned 19. Morrison and Hertz filed a separate federal action seeking a declaratory judgment that they were not liable to Parker because he lacked insurance and allowed an unlicensed minor to drive, or to Edgerton because he lacked a license. A magistrate prepared a report and recommendation that the district judge adopted and incorporated into his decision on whether to exercise jurisdiction over the declaratory judgment action.

Rule of Law

Issue

Holding and Reasoning (McKeague, J.)

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