Kimberly Midgette v. Rodney Williamson (2009)

Memorandum of Decision-Motion for Summary Judgment

Presently before the court is a motion for summary judgment filed by defendant SMW Motors, Inc. That motion seeks summary judgment with respect to the second count plaintiff's complaint.

FACTS

The plaintiff's complaint seeks damages for injuries she allegedly sustained on October 6, 2007 when, as a pedestrian she was struck by a motor vehicle operated by defendant Rodney Williamson and owned by defendant SMW Motors, Inc. (“SMW”).  Count one is brought against Williamson and alleges his negligence.   Count two is brought against SMW and alleges liability based on General Statutes § 14-154a which imposes liability on the owner of a vehicle rented or leased to another.

On October 21, 2009, SMW filed an answer including a special defense claiming that liability could no longer be imposed on owners of rented or leased automobiles under General Statutes § 14-154a due to the enactment of 49 U.S.C. § 30106.   Thereafter, on November 16, 2009, SMW filed a motion for summary judgment based on its special defense.   No opposition was filed by the plaintiff.

The law on the question of the effect of 49 U.S.C. § 30106 is well settled.   Connecticut can no longer impose vicarious liability on the owner of a rented or leased vehicle.  Farmers Texas County Mutual v. Hertz Corp., 262 Conn. 535, 543 n.9. (2007);  Moncrease v. Chase Manhattan Auto Finance Corp., 98 Conn.App. 665, 668 n.1 (2006).   The defendant's motion for summary judgment is granted.

David R. Tobin, Judge

Tobin, David R., J.