Orange County Partner Asir Fiola Obtains Dismissal for Rental Car Client
Partner Asir Fiola in the Orange County office was able to convince plaintiff's counsel to dismiss the complaint as to their rental car client, in exchange for a waiver of costs, based on the lack of evidence of independent negligence on the part of the client.
Plaintiff claimed that he was seriously injured when he had to lay down his scooter to avoiding hitting the rear of a rental car driven by a renter. It was alleged that the renter turned suddenly in front of plaintiff. Asir was able to show that the rental car was properly maintained, and there were no defects in the car which contributed to the accident. In addition, he argued that the federal Graves Amendment shields rental car companies from liability based on mere ownership of the rental vehicle.
Plaintiffs' counsel finally relented, and filed the dismissal as to the rental car client.
If you would like more information about the defense of rental car companies, or the Graves Amendment specifically, please contact Asir in the Orange County office.
Selman Breitman provides this information for educational purposes. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case. This information should not be construed or relied on as legal advice or to create a lawyer-client relationship.