Avis Rent A Car System, LLC v. Darron Burrill

Summary

The Maine Supreme Judicial Court affirmed partial summary judgment establishing that Darron Burrill breached a rental agreement with Avis by failing to pay for damage to a rented vehicle. The court held that Avis failed to provide admissible evidence proving the specific amount of its damages because the foundation for several attached records did not satisfy the business-records exception. It vacated the damages and attorney-fee awards and remanded for nominal damages and further consideration of attorney fees and interest under Nevada law.

Holdings

1. Partial summary judgment was proper because the undisputed facts established a valid rental contract, Burrill's breach, and the existence of some damage resulting from the breach.
2. The trial court abused its discretion by admitting the third-party vehicle valuation report, towing invoice, and salvage documentation because the Avis affiant did not establish knowledge of the third-party producer's regular business practices or otherwise provide the required foundation.
3. Avis failed to prove the specific amount of its actual damages because it presented no admissible evidence establishing that amount; under Nevada law, Avis was therefore limited to nominal damages, and the attorney-fee award had to be vacated for reconsideration on remand.
4. The trial court must apply Nevada law on remand to determine whether and to what extent Avis is entitled to interest under the rental agreement.

Questions Presented

1. Whether partial summary judgment establishing Burrill's liability for breach of the rental agreement was proper.
2. Whether the Avis claims examiner's affidavit and attached third-party documents were admissible under the business-records exception to the hearsay rule.
3. Whether Avis could recover actual damages, attorney fees, and interest when it failed to present admissible evidence establishing the specific amount of its damages.

Disposition

reversed_and_remanded