Hoover estates sue Hertz over fatal wreck in Mexico
Posted on Friday, August 15, 2008
The estates of two Fayetteville couples who died in an auto accident in Mexico last year filed a lawsuit Thursday against companies related to Hertz Rental Cars.
The lawsuit also names as a defendant, Mario Alberto Diaz Polo, 36, of Play del Carmen, Mexico, the driver blamed for the fatal accident.
An American Embassy official said in September that Polo was in jail awaiting sentencing on charges of involuntary manslaughter, but apparently his stay in jail was brief.
Steve Hoover, 62; his wife, Sharon Hoover, 51; Steve's son Paul, 34; and his wife, Maureen, 34; all of Fayetteville, were driving along the Mexican coast on Aug. 14, 2007, about an hour south of Cancun when the driver of a sport utility vehicle lost control, scratched a tourist van and then crashed into the back of the Hoover's car, according to a translation of a news article from Novedades, a newspaper published in Cancun, in the state of Quintana Roo.
The Hoovers were in a Hertz rental car covered by insurance at the time of the accident, according to the lawsuit seeking damages.
George Niblock, an attorney with the firm filing the lawsuit, said that Polo is apparently an employee or a regional manager for Hertz.
"Our assumption is that this fellow worked for either the local franchise or for Hertz Latin America, a subsidiary of Hertz," Niblock said.
Niblock said the initial reports that Polo was facing jail time on manslaughter charges were incorrect. He was apparently cited for careless driving, Niblock said.
"We thought he was in jail for a long time, but the local lawyer for Hertz got him out," Niblock said.
Niblock said the case will be a hard one to win because of jurisdictional issues.
"We can certainly (sue ) Hertz, but the problem is going to be (the driver )," Niblock said. "It's going to be super complicated and hard," he said, adding that it would have been easier to serve him with the lawsuit if he was still in jail.
To be able to collect damages against Hertz, all related parties in the accident must be included in the lawsuit, Niblock explained. The lawsuit also names 25 "John Doe defendants"who may have knowledge of the accident.
"This is gong to be an uphill battle jurisdictionally," Niblock said.
He said that the estates could file a lawsuit in Mexico, but its hard to collect much there even if you win.
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