David Austin v. Cassondra McClease (2011)

MEMORANDUM OF DECISION IN RE MOTION FOR SUMMARY JUDGMENT (# 111)

On April 11, 2011, the defendant, Ernie & Sons Rental, Inc., filed a motion for summary judgment on the ground that 49 U.S.C. § 30106, referred to as the Graves Amendment, preempts state law and prohibits the imposition of vicarious liability on the lessor of a motor vehicle for damages caused by the negligent acts of the lessee.   The plaintiff did not file an objection and at oral argument on June 6, 2011, did not contest the motion.   Accordingly, the motion for summary judgment is granted.

Woods, J.

Woods, Glenn A., J.