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Graves Amendment

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In Gasca-Lara v. Jackson, No. 3:21cv212, 2023 U.S. Dist. LEXIS 64028, at *3-5 (N.D. Ind. Apr. 12, 2023), Judge Leichty dismissed a lessor from a vehicle accident personal injury case. J.B. Lease says it is immune from liability in this case under the Graves Amendment. The Graves Amendment provides: (a) An owner of a motor vehicle that rents or leases… Read More

In Russ v. XPO Logistics, LLC, No. 19-2719(DSD/JFD), 2022 U.S. Dist. LEXIS 145938, at *22-25 (D. Minn. Aug. 16, 2022), Judge Dotv ruled on whether a lessor of a commercial motor coach could be liable on a negligent entrustment theory, allowing the claim to survive summary judgment. Plaintiff also alleges that KLE negligently entrusted its equipment to Ecklund. Negligent entrustment… Read More

In Lynch v. Collins, No. 20 C 02477, 2022 U.S. Dist. LEXIS 106700, at *5-7 (N.D. Ill. June 15, 2022), Judge Durkin held that the Graves Amendment does not immunize employer/employee relationships, but you've actually got to have facts to support the claim. Plaintiffs argue their vicarious liability claims for negligence and loss of consortium are also outside the Graves… Read More

In Thayer v. Randy Marion Chevrolet Buick Cadillac, LLC, No. 21-10744, 2022 U.S. App. LEXIS 9957, at *7-9 (11th Cir. Apr. 13, 2022), the Court of Appeals found that the Graves Amendment limited an automobile dealer's loaner vehicle to a customer who was provided the loaner while the customer's vehicle was being repaired. Thayer argues that a rent or lease… Read More

In Moura v. Cannon, No. 4:17-40166-TSH, 2021 U.S. Dist. LEXIS 184736, at *1-3 (D. Mass. Sep. 27, 2021), Judge Hillman dismissed a personal injury claim against a lessor based on Graves Amendment pre-emption. The following facts are undisputed unless otherwise stated. On December 14, 2016, John Cannon ("Cannon") was driving a tractor-trailer on Interstate 35 in Oklahoma when he crashed… Read More

In Hamilton v. Brewster, No. 2:20-CV-02054, 2021 U.S. Dist. LEXIS 175964, at *5-6 (W.D. Ark. Sep. 16, 2021), Judge Holmes granted summary judgment to a lessor who proved that the driver was not the lessor's employee under the Graves Amendment savings clause, having been faced with pleadings alleging that the driver of the vehicle was the lessor's employee. "Although the… Read More

In Fuller v. Biggs, No. 3:20-CV-2146-G, 2021 U.S. Dist. LEXIS 64672, at *14-17 (N.D. Tex. Apr. 2, 2021), Judge Fish allowed a personal injury claim to proceed against the lessor of a vehicle.  The facts were as follows: This suit arises out of a motor vehicle collision involving the plaintiffs and Scott Biggs ("Biggs").1Link to the text of the note On… Read More