BROOKSVILLE - A lawsuit alleges that a rental company failed to obtain proof of insurance before loaning a car that wound up in a fatal crash.
Karen Hyde filed the lawsuit on behalf of her 6-year-old daughter, who suffered a broken back in the crash and was nearly crippled.
The lawsuit blames Enterprise for not following "procedures" and "state regulations" and confirming that Frank Wyman was an insured driver. It also accuses staff at the Port Richey office of not offering Wyman motor vehicle, bodily injury or liability insurance on July 12, 2007.
That same day, Wyman was reportedly driving drunk around 4 p.m. on Powell Road when he collided head-on with another car driven by Hyde.
The impact killed him and sent Hyde and her daughter, Morgan Katocs, to Tampa General Hospital.
Katocs was "seriously" and "grievously" injured in the accident, according to the lawsuit, which asks for more than $15,000 in compensation and a jury trial.
Several months after the accident, Morgan sold her neck brace on eBay to symbolically rid herself of bad memories from the accident.
A rental agreement included in the lawsuit states in fine print that the purchase of the insurance offered by Enterprise is optional and not required to rent a car.
Wyman's driving record shows numerous traffic infractions - including two tickets for driving 19 mph over the limit and a DUI - but does not indicate whether he was insured.
Lisa Martini, spokeswoman for Enterprise, said employees are not required to offer car insurance to customers in Florida.

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