Fabian v. Toma Motors, Inc.

Toma Motors, Inc.
Supreme Court, Bronx County

Ralph A. Cosentino and Kristin L. Weinberger of our New York City office were successful in obtaining summary judgment and dismissing the plaintiff's complaint against our client, Toma Motors, Inc, based on the application of the Graves Amendment to the Federal Transportation Act (49 USC § 30106 [a]).

The plaintiff sustained serious personal injuries as a result of a one-car motor vehicle accident which occurred while he was seated in the back of the vehicle driven by the co-defendant. The vehicle was owned by our client and was rented to the co-defendant driver by an affiliate of our client, an entity which was not named as a party in the action. In support of the summary judgment motion, it was argued that a business engaged in the practice of renting motor vehicles is exempted from liability predicated upon Vehicle and Traffic Law § 388. The key issue on the motion was whether our client was an affiliate of the entity which rented the subject vehicle to the co-defendant. In support of the motion, we submitted an affidavit from a principal of our client-corporation establishing that the entities which owned and rented the subject vehicle are family corporations with the same corporate officers and shareholders.

Judge Kenneth Thompson of Bronx County, Supreme Court granted our motion and found that we established that the renter of the vehicle was an affiliate of our client, which was engaged in the lawful practice of renting motor vehicles and the vehicle in question was in the possession of the co-defendant at the time of the accident pursuant to a written rental agreement. This was the second successful motion for Toma Motors, Inc. stemming from the same motor vehicle accident. (June, 2011).