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MOTOR VEHICLE LAW: Court grants motion to strike finding that Graves Amendment barred claim of negligence against owner of vehicle in the trade of leasing vehicles where no allegation of negligence or criminal wrongdoing

The Superior Court granted a motion to strike a complaint, finding that the Graves Amendment barred the action for negligence against owner of vehicle that was in the business of leasing or renting vehicles.  The Graves Amendment, as deemed constitutional by the Connecticut Supreme Court in Rodriquez v. Testa, 296 Conn. 1, 993 A.2d 955 (2010), provides that an owner of a vehicle that rents or leases the vehicle to someone shall not be liable for harm to any person or property resulting from the use, operation, or possession of the vehicle during the lease period if the owner is engaged in the trade or business of renting or leasing vehicles, and there is no negligence or criminal wrong doing on the part of the owner.  The court reasoned that the allegations of the complaint allege that EAN Holdings was engaged in the business of renting or leasing motor vehicles, and failed to allege any negligence or criminal wrongdoing as to EAN Holdings.  Carolina Mencia-Valdez v. Igbinosum, et al, Superior Court, judicial district of Bridgeport, Docket No. CV20-6092195-S (June 24, 2020)