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June 23, 2010

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Jon Perz

Hopefully the House Judiciary Committee will do the right thing...

Speaking of my own current personal experience stuck with a previously rear ended and submerged Flood Car bound by arbitration courtesy of Mossy Toyota!

http://www.youtube.com/watch?v=9sCUmXfy03c

cally houck

RESPONSE OF CHUCK AND CALLY HOUCK
TO STATEMENT OF ENTERPRISE RENT-A-CAR
REGARDING RECALL PROCEDURES
Enterprise’s Statement: “Our customers’ safety is our top priority,” says Enterprise Chief
Strategy Officer.
The Houcks’ Response: Thomas Gieseking, Enterprise’s Assistant Vice President of
Service Operations and the person most knowledgeable on its recall policies testified under oath:
“Q. Is there a -- a job title at the branch level for someone who is in charge of safety? A. I don’t
know. Q. Is there a job title at the subsidiary level for someone who is in charge of vehicle
safety? A. Not to my knowledge. Q. Is there a job title at the Enterprise parent company level of
someone who is in charge of vehicle safety? A. Vehicle safety, not to my knowledge.”
Thomas Moulton, the Group Vehicle Repair Manager for the Enterprise San Francisco
subsidiary and person most knowledgeable regarding the subsidiaries’ recall policies testified
under oath: “Q. Did you ever consider the possibility that Enterprise should not rent cars to the
public after they’ve received recall notices from the manufacturer? A. No.” and “Q. Do you
think it’s a good idea to rent cars that are subject to a recall for catching fire to the public? A. I
have no idea.”
Enterprise’s Statement: “Enterprise Rent-A-Car is reiterating its policies and procedures
for handling automobile manufacturers’ recalls.”
The Houcks’ Response: Enterprise does not have, and never had, any policy on renting
recalled vehicles – that is why Raechel and Jackie died. Vice President Gieseking confirmed
under oath: “Q. So does the parent company have any policy with respect to ensuring that
recalled vehicles are not rented to the public? A. No.” The Enterprise training manual has
nothing on recall procedures. While Enterprise employees are trained in “learning how to sell …
optional damage waiver, supplemental liability protection, personal accident insurance and
personal effects coverage,” they receive no training in handling recalls.
Enterprise’s Statement: “Importantly, recalls involving the risk of sudden loss of control,
airbag failures or fire hazards will be grounded until repaired.”
The Houcks’ Response: The recall of the PT Cruiser stated that it was a “safety recall” and
that the power steering hose defect “can result in an underhood fire.” Raechel and Jackie burned
to death because of this defect. Group Manager Gieseking testified under oath: “Q. Did
anybody at your company do anything in response to the notice of recall received
September 10th, 2004? A. I have no idea.”
Enterprise’s Statement: “Customers should know that when they come to our rental
counter, they can count on our commitment to provide a vehicle that is safe and dependable.
That’s been the foundation of our business for more than 50 years.”
The Houcks’ Response: The Area Manager for the Enterprise subsidiary which rented
Raechel and Jackie the recalled vehicle, Mark Matias, testified under oath: “Safety recalls are
referred to as priority recalls. When the fleet was short, and there was demand for vehicles, these
recalled vehicles would be rented to the public …. Enterprise, at the corporate level, pressed the
local offices to run a tight operation. Their philosophy was that, ‘You’ve got to keep booking,
because you don’t know when you are going to get a car back.’ But then of course, you run short
on vehicles, and if all you have are recalled vehicles on the lot, you rent them out. It was a
given. The whole company did it.”
Enterprise’s Statement: “[W]e continue to work with our employees and automobile
manufacturers on ways to improve our policies and procedures for handling recalls.”
The Houcks’ Response: Vice President Gieseking confirmed under oath: “Q. And are there
any plans for the future that you’re aware of of changing the way recall notices come up in the
rental system? A. I don’t know.;” and “Q. And as we sit here today, do you know whether
vehicles that are subject to a safety recall at the present time are still being rented to Enterprise
customers? A. I do not know.”
Enterprise’s Statement: “This case … had to work its way through the court system to
reach resolution.”
The Houcks’ Response: No, it did not. Enterprise tried to crush us, muzzle us and make us
give up. For 5½ years Enterprise claimed that it acted reasonably in renting the recalled vehicle
and they hired a fleet of so-called “expert witnesses” to conduct dozens of “tests” and
“experiments” to prove that Raechel and Jackie died, not because of the safety recall for
underhood fires and notwithstanding an eyewitness’ testimony that he saw smoke and fire
coming from the PT Cruiser, but because Raechel’s bad driving killed herself and her younger
sister. Then, a month before trial and after 5½ years of contentious, extensive and wildly
expensive litigation, Enterprise brought in new counsel, admitted liability, withdrew all of their
defenses and successfully moved to keep the jury from knowing anything about their 5½ year
campaign against us. We want the truth to be known.
Enterprise’s Statement: “Our hearts go out to [the Houcks], and we are very sorry for their
loss.”
The Houcks’ Response: They killed our daughters on October 7, 2004. This is the first time
we heard them say this. All we ask now is that Enterprise stop renting recalled vehicles so this
nightmare is not suffered by any other parents.
Stop fighting us and fix your company.

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