Rental car companies not immune from liability, Florida court holds.A Florida trial court recently ruled that a federal law known as the Graves Amendment does not preempt pre·empt or pre-empt v. pre·empt·ed, pre·empt·ing, pre·empts v.tr. 1. To appropriate, seize, or take for oneself before others. See Synonyms at appropriate. 2. a. claims against motor vehicle leasing companies that allege vicarious liability The tort doctrine that imposes responsibility upon one person for the failure of another, with whom the person has a special relationship (such as Parent and Child, for injuries caused by the negligence of drivers who lease their vehicles. (Poole v. Enterprise Leasing Co. of Orlando, No. 05-2005-CA-008150 (Fla., Brevard County Cir. Ct. Jan. 19, 2006).) The court's decision is one of the first reported rulings supporting a challenge to the application of the Graves Amendment to a personal injury lawsuit against a vehicle lessor. The rental vehicle industry--which earns billions of dollars each year--mounted an aggressive campaign in Congress for immunity from state laws that impose vicarious liability on lessors. In 2005, with the passage of the Safe, Accountable, Flexible, Efficient Transportation Equity Act, the industry's persistence paid off. Tucked away in its folds is a substantive provision commonly referred to as the Graves Amendment, which preempts state tort laws that permit motor vehicle lessors to be held vicariously liable for their lessees' tortious Wrongful; conduct of such character as to subject the actor to civil liability under Tort Law. In order to establish that a particular act was tortious, a plaintiff must prove that an actionable wrong existed and that damages ensued from that wrong. acts. This amendment all but ensures that people injured by the negligent driving of uninsured or underinsured un·der·in·sure tr.v. un·der·in·sured, un·der·in·sur·ing, un·der·in·sures To insure under a policy that provides inadequate benefits: Be certain that you are not underinsured against catastrophic illness. lessees will receive little or no compensation for their injuries. The Florida case arose out of a 2002 car crash in Brevard County. Jo Ellen Poole and her husband were in a car that collided with a rental car driven by James Dowling and owned by Enterprise. The Pooles sued Enterprise, alleging that, as the owner of the rental car, the company was financially liable for the negligent driving of renter Dowling. Florida is one of 15 states (plus the District of Columbia District of Columbia, federal district (2000 pop. 572,059, a 5.7% decrease in population since the 1990 census), 69 sq mi (179 sq km), on the east bank of the Potomac River, coextensive with the city of Washington, D.C. (the capital of the United States). ) that impose some measure of liability on motor vehicle leasing companies for costs associated with rental drivers' negligence. Enterprise moved to dismiss the suit, arguing that the Graves Amendment immunized it from state tort liability for the negligent acts of its lessees. Andre Mura, a lawyer with the Center for Constitutional Litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. (CCL 1. CCL - Coral Common LISP. 2. CCL - Computer Control Language. English-like query language based on COLINGO, for IBM 1401 and IBM 1410. ) in Washington, D.C., which represents the Pooles, argued against dismissal, contending that the Graves Amendment does not apply in Florida. Mura argued that the amendment contains an exception that preserves liability for failure to meet state financial responsibility laws and that Florida has such a qualifying law. CCL also mounted a Tenth Amendment The Tenth Amendment to the U.S. Constitution reads: challenge to the Graves Amendment. The Florida trial judge ruled in favor of the Pooles, holding that the Graves Amendment did not apply in Florida because Florida Statute 324.021 (9) (b) (2) is a qualifying financial liability law under which Enterprise could still be held liable. The court did not reach the constitutional issue. Three other Florida trial courts have adopted the Poole court's reasoning. CCL is currently bringing similar challenges to the application of the Graves Amendment in other states, including New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of and Connecticut. |
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