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Defendant car rental company moved for summary judgment in plaintiff vehicle occupants' personal injury action against the company and defendant vehicle renter.
The company argued that 49 U.S.C.S. § 30106 abrogated Conn. Gen. Stat. § 14-154a, which made owner's of rental vehicles vicariously liable for the negligence of individuals who rented or leased the vehicles. The court granted the motion for summary judgment. The occupants clearly sought to impose liability on the company through vicarious liability. As the occupants did not allege any negligence or wrongdoing by the company, the exceptions to the application of 49 U.S.C.S. § 30106 found in § 30106(a) did not apply. Therefore, § 30106 barred the occupants action against the company. The language in § 30106(b) did not negate that fact. While § 30106(b) permitted states to make car rental companies liable for their failure to meet minimum insurance standards or financial responsibility under state law, there were no statutory provisions or common law that imposed liability on rental companies for such failure in a way that conferred a right of action against rental companies for damages or injuries caused by renters of vehicles. Whether minimum coverage was to be provided to the renter of a vehicle was governed by the rental agreement itself. Motion for summary judgment granted.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source: Dorsey v. Beverly, 2007 Conn. Super. LEXIS 671 (Conn. Super. Ct. Mar. 7, 2007)