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Scott v. Hertz Corp.
722 So. 2d 231
Fla. Dist. Ct. App.
1998
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PER CURIAM.

The Appellants, plaintiffs below, appeal the denial of their motions to file amended complaints to state a cause of action against The Hertz Corporation based on its decision to rent a car to a driver under the age of twenty-five years, contrary to the corporation’s policy establishing twenty-five as the driver’s minimum age. We agree with the reasoning of the Oregon Court of Appeals when it held, “If a 16-year-old can lawfully drive a car, a person may entrust a ear to a driver who is that age or older without being negligent.... Without more, an allegation that a person entrusted a ear to a person who is under 25 cannot state a claim for negligent entrustment.” Mathews v. Federated Svc. Ins. Co., 122 Or.App. 124, 857 P.2d 852, 858 (Or.App.1993). Therefore, Appellants’ proposed amended complaints did not state a cause of action.

Because the amendment would have been futile, we hold that the trial court did not *232abuse its discretion in denying leave to amend. Accordingly, we affirm.

Affirmed.

BLUE, A.C.J., and FULMER and WHATLEY, JJ., Concur.

Case Details

Case Name: Scott v. Hertz Corp.
Court Name: District Court of Appeal of Florida
Date Published: Nov 18, 1998
Citation: 722 So. 2d 231
Docket Number: No. 98-00464
Court Abbreviation: Fla. Dist. Ct. App.
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