Schiquita Rogers rented a car through Enterprise. Rogers presented an unexpired license at the time of her rental. Rogers, however, failed to inform Enterprise that her license had been suspended. Enterprise does not routinely check to see if a license is suspended when it rents cars and thus did not know Rogers’s license was suspended at the time of her rental. The day after Rogers rented the car, she ran a stop sign and was involved in a car accident. Rogers struck Lealue Annette Cousin, causing injuries to Cousin’s leg necessitating $40,000 in surgery costs. Cousin sued Enterprise, alleging negligence per se for renting a car to a person with a suspended license. The trial court granted Enterprise’s motion for summary judgment and Cousin appealed. How should the court have ruled on appeal? Why? Cousin v. Enterprise Leasing Co., 948 So. 2d 1287 (Miss. 2007).
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