In a recent retrial following appellate remand, Baker Sterchi attorneys secured a second jury verdict in favor of a rental car company client in a breach of contract action in the Circuit Court of St. Clair County, Illinois. The dispute arose from a rental agreement naming the defendant as the sole authorized driver and requiring her cooperation if an accident occurred. During the rental period, her boyfriend, an unauthorized driver, caused an accident resulting in multiple personal injury and property damage claims. The rental car company paid these claims and sought to recover the costs from the defendant for breaching the agreement.
This retrial followed an earlier jury verdict in favor of the client. On appeal, the defendant argued the trial court erred in rejecting a proposed jury instruction on the affirmative defense of voluntary payment, claiming the rental company had no legal obligation to pay the damages. The appellate court remanded the case for a new trial, resulting in this second verdict in favor of Baker Sterchi’s client.