Summary Judgment Granted for Thomas Dargan and Caroline Hock

Thomas Dargan and Caroline Hock succeeded in obtaining summary judgment and dismissal of the complaint on behalf of their client, a trucking company. The plaintiff in the case was alleging personal injuries stemming from a motor vehicle accident that occurred in New York County.  Lewis Johs moved for summary judgment based on the Graves Amendment (49 U.S.C. § 30106) to federal transportation law, which limits vicarious liability claims against owners of rented or leased motor vehicles that are involved in accidents. Caroline successfully argued the motion in front of a New York County judge assigned to hear the case.  The judge held that we established that our client was in the business of renting vehicles, had rented the subject vehicle to another company, and that the accident was not the result of any negligent maintenance by their client.  The plaintiff failed to raise any triable issues of fact, in his motion papers or at oral argument, to oppose the motion.  As a result, the judge dismissed the case against Lewis Johs’ client.

       
 

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