DEOPERSAD KUMARSINGH AND ROSALIE KUMARSINGH, APPELLANTS,
v.
PV HOLDING CORP. AND AVIS RENT A CAR SYSTEM, INC., APPELLEES

Fla. 3d DCA | 2008-01-30
No. 3D06-2791
Before GREEN, WELLS and SUAREZ, JJ.
983 So. 2d 599 Florida District Court of Appeal, Third District (2008) Positive Treatment
Cited by 20 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Kumarsignhs appealed a summary judgment dismissing their vicarious liability claims against a car rental company for injuries sustained in an accident caused by a renter. The court affirmed, holding that the federal Graves Amendment preempts Florida's vicarious liability statute for car lessors, though federal law preserves state minimum financial responsibility requirements.


Holding

The Graves Amendment by its clear and unambiguous language preempts and abolishes all state vicarious liability laws as applied to motor vehicle lessors for causes of action filed after August 10, 2005. However, the federal law preserves state financial responsibility and minimum insurance standards, limiting the defendants' liability to the statutory self-insurance financial responsibility minimums of $10,000 under Florida law.


Headnotes

[1] The Graves Amendment supersedes and abolishes state vicarious liability laws as they apply to lessors of motor vehicles for causes of action filed on or after its effecti…

[2] The Graves Amendment does not supersede state laws imposing minimum financial responsibility or insurance standards on motor vehicle owners.

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Key Quotes

“The Graves Amendment provides that a lessor of a motor vehicle shall not be liable under the law of any state by reason of being the owner, for harm that arises out of the use of the vehicle during the lease period if the owner is engaged in the trade of renting vehicles and there is no owner negligence or criminal wrongdoing on the owner's part.”

Establishes the core preemptive scope of the Graves Amendment eliminating state vicarious liability for lessors absent owner negligence or wrongdoing.

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Facts & Procedural History

On December 23, 2004, Juan Ortiz, driving a rental car obtained from Avis with a valid Mexican driver's license, crashed into the Kumarsignhs' vehicle…

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Opinion of the Court
SUAREZ, J.

SUAREZ, J.

We grant petitioner’s motion for clarification and, accordingly, withdraw our opinion issued October 3, 2007, and substitute in its place this clarifying opinion.

On December 23, 2004, Juan Ortiz crashed his rental car into the Kumar-singhs’ vehicle. Ortiz had rented the car from Avis with a valid Mexican driver’s license. Ortiz was uninsured. Mr. Ku-marsingh was permanently injured in the accident, and the combined total stipulated damages of Mr. and Mrs. Kumarsingh were in the sum of $100,000. The plaintiffs filed suit against PV Holding Corp. and Avis Rent A Car System, Inc., on November 7, 2005, alleging vicarious liability as owners/lessors of the car, and negligent entrustment.1 The defendants answered that they were immune from vicarious liability pursuant to 49 U.S.C. § 30106 (2005),2 also known as the Graves Amendment, which became effective August 10, 2005, prior to the plaintiffs filing suit. After hearing argument on the defendants’ motion for summary judgment, the trial court granted the motion, concluding that the federal statute abrogated subparagraph 324.021(9)(b)(2), Florida Statutes (2005), Florida’s statute governing vicarious liability of auto lessors, as of the federal statute’s effective date and that but for the Graves Amendment, the trial court would have entered judgment in plaintiffs’ favor up to the state’s statutory vicarious liability caps. The trial court found that the defendants were liable only up to the limits of the statutory self-insurance financial responsibility míni-mums as set forth in subsection 324.021(7), or $10,000, and so ordered. The plaintiffs appeal, and we affirm.

The Graves Amendment provides that a lessor of a motor vehicle shall not be liable under the law of any state by reason of being the owner, for harm that arises out of the use of the vehicle during the lease period if the owner is engaged in the trade of renting vehicles and there is no owner negligence or criminal wrongdoing on the owner’s part. The amendment provides exemptions, in that it does not supersede any state law that imposes minimum financial responsibility on the owner for the privilege of owning and operating a motor vehicle or that imposes liability on entities engaged in renting motor vehicles for failure to meet state insurance standards. After thoroughly reading the record and statutory and case authorities, we hold that the trial court correctly concluded that the Graves Amendment, by its clear and unambiguous wording, supersedes and abolishes all state vicarious liability laws as they apply to lessors of motor vehicles for causes of action filed on or after August 10, 2005, the effective date of that federal statute. See Garcia v. Vanguard Car Rental, USA, Inc., 510 F. Supp. 2d 821 (M.D.Fla.2007) (discussing the dichotomy between vicarious liability and financial responsibility, and the Graves Amendment’s preemption of subparagraph 324.021(9)(b)(2), Florida’s vicarious liability scheme).

Affirmed.

. The negligent entrustment claim is not at issue here.

. 49 U.S.C. § 30106. Rented or leased motor vehicle safety and responsibility (a) In general. — An owner of a motor vehicle that rents or leases the vehicle to a person (or an affiliate of the owner) shall not be liable under the law of any State or political subdivision thereof, by reason of being the owner of the vehicle (or an affiliate of the owner), for harm to persons or property that results or arises out of the use, operation, or possession of the vehicle during the period of the rental or lease, if—

(1) the owner (or an affiliate of the owner) is engaged in the trade or business of renting or leasing motor vehicles; and (2) there is no negligence or criminal wrongdoing on the part of the owner (or an affiliate of the owner).

(b) Financial responsibility laws. — Nothing in this section supersedes the law of any State or political subdivision thereof—

(1) imposing financial responsibility or insurance standards on the owner of a motor vehicle for the privilege of registering and operating a motor vehicle; or (2) imposing liability on business entities engaged in the trade or business of renting or leasing motor vehicles for failure to meet the financial responsibility or liability insurance requirements under State law.


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Citator

Cited By

  • Vargas v. Enter. Leasing Co., 993 So. 2d 614 (Fla. 4th DCA 2008)
    …lorado, 187 U.S. 137, 148, 23 S.Ct. 92, 47 L.Ed. 108 (1902). . Medtronic Inc. v. Lohr, 518 U.S. 470, 485-86, 116 S.Ct. 2240, 135 L.Ed.2d 700 (1996). . See St. Onge v. White, 988 So. 2d 59 (Fla. 1st DCA 2008); Kumarsingh v. PV Holding [*632] Corp., 983 So. 2d 599 (Fla. 3d DCA 2008); Bechina v. Enterprise Leasing Co., 972 So. 2d 925 (Fla. 3d DCA 2007); see also Garcia v. Vanguard Car Rental USA Inc., 540 F. 3d 1242 (11th Cir.2008); Dupuis v. Vanguard Car Rental USA Inc., 510 F. Supp. 2d 980 (M.D.Fla.2007). I…
    1 / 2
  • ST. Onge v. White, 988 So. 2d 59 (Fla. 1st DCA 2008)
    …PER CURIAM. AFFIRMED. See Garcia v. Vanguard Car Rental, USA, Inc., 510 F. Supp. 2d 821 (M.D.Fla.), appeal dismissed, Case No. 07-12235 (11th Cir. July 30, 2007); Kumarsingh v. PV Holding Corp., 983 So. 2d 599 (Fla. 3d DCA 2008) (on motion for clarification), review denied, Case No. SC08-320, 984 So. 2d 519, 2008 WL 2264371 (Fla. May 19, 2008). WEBSTER, VAN NORTWICK, and THOMAS, JJ„ Concur.…
  • Lucas v. Norris E. Williams, 984 So. 2d 580 (Fla. 1st DCA 2008)
    …PER CURIAM. AFFIRMED. See Garcia v. Vanguard Car Rental, USA, Inc., 510 F. Supp. 2d 821 (M.D.Fla.2007); Kumarsingh v. PV Holding Corp., 983 So. 2d 599 (Fla. 3d DCA 2008), rev. denied, SC08-320, 984 So. 2d 519, 2008 WL 2264371 (Fla. May 19, 2008). BROWNING, C.J., KAHN and THOMAS, JJ., concur.…

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