Summary judgment for car dealership.
Our attorneys successfully obtained summary judgment on behalf of a car dealership. The dealership rented a vehicle to the co-defendant, who was having his personal vehicle serviced at the dealership. The co-defendant was involved in an auto accident with the plaintiff while operating the dealership’s rental. The plaintiff was operating a motorcycle, and significant damages were alleged. The defense team filed a motion for summary judgment pursuant to the Graves Amendment, which states that an owner of a motor vehicle, who rents a vehicle to a person, shall not be vicariously liable for harm to persons or property that arises out of the use or operation of that vehicle during the period of the rental, so long as certain additional criteria is met. The court agreed with our arguments raised in the motion and dismissed our client with prejudice.