CHRISTOPHER J. KARLING, APPELLANT,
v.
BUDGET RENT A CAR SYSTEM, INC., ET AL., APPELLEE
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.
Karling appeals a summary judgment dismissing his vicarious liability claim against a car rental company under Florida's dangerous instrumentality doctrine. The court affirmed, holding that the federal Graves Amendment preempts state law imposing strict vicarious liability on vehicle lessors, and that this federal legislation is a valid exercise of Congress's Commerce Clause power.
The Graves Amendment preempts Florida's state law imposing vicarious liability on rental car owners/lessors under the dangerous instrumentality doctrine. The federal legislation is a valid exercise of Congress's power under the Commerce Clause and does not exceed constitutional bounds.
[1] The Graves Amendment (49 U.S.C. …
[2] A state statute imposing vicarious liability on a motor vehicle lessor based solely on ownership status, without regard to the lessor's negligence, is preempted by the Gr…
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The ruling was based upon the finding that the vicarious liability of short-term motor vehicle lessors under Florida's dangerous instrumentality doctrine is now preempted by 49 U.S.C. § 30106, commonly referred to as the Graves Amendment.”
Establishes the central legal issue: federal preemption of state dangerous instrumentality doctrine under the Graves Amendment
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceKarling was severely injured in a motorcycle-car collision with a rental vehicle driven by Derek Johnson. Budget Rent A Car System rented the vehicle …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Graves Amendment (49 U.S.C. § 30106) cases and more on FLexlaw
Christopher Karling timely appeals a final summary judgment entered in favor of Budget Rent A Car System, Inc., PV Holding Corporation, and Aesop Leasing Corporation, defendants below. The ruling was based upon the finding that the vicarious liability of short-term motor vehicle lessors under Florida’s dangerous instrumentality doctrine is now preempted by 49 U.S.C. § 30106, commonly referred to as the Graves Amendment. Karling alternatively argues that if the Graves Amendment is construed to preempt his suit, it is unconstitutional as exceeding Congress’ power under the Commerce Clause of the United States Constitution. We affirm.
Christopher Karling was severely injured as a result of a collision between the motorcycle he was driving and a rental car driven by defendant Derek Johnson. Budget rented the car to Johnson. And, at the time of the accident, PV Holding Corporation and Aesop Leasing Corporation held identifiable ownership interests in the vehicle. Karling does not allege that Budget, PV Holding, or Aesop Leasing were negligent or engaged in any criminal wrongdoing which contributed to the accident. Rather, Karling seeks to hold these defendants liable solely on the theory of vicariously liability, as owners/lessors of the vehicle under Florida’s dangerous instrumentality doctrine.
The issues raised in this appeal have been thoroughly addressed and decided in three reported federal court decisions, all holding that the Graves Amendment preempts Florida’s state law (which would otherwise impose strict vicarious liability on rental car owners up to the liability limits set forth in section 324.021(9)(b)2., Florida Statutes) and that this legislation is a valid exercise of Congress’ power under the Commerce Clause. See 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); Garcia v. Vanguard Car Rental USA, Inc., 510 F.Supp.2d 821 (M.D.Fla.2007). We fully agree with these courts’ analyses and see no reason to restate the analyses here. All of Florida’s intermediate appellate courts that have ad*356dressed this issue have now reached the same conclusion. See Kumarsingh v. PV Holding Corp., 983 So.2d 599 (Fla. 3d DCA 2008), rev. denied, 984 So.2d 519 (Fla.2008); Bechina v. Enterprise Leasing Co., 972 So.2d 925 (Fla. 3d DCA 2007); St. Onge v. White, 988 So.2d 59 (Fla. 1st DCA 2008); Lucas v. Williams, 984 So.2d 580 (Fla. 1st DCA 2008); Vargas v. Enterprise Leasing Co., 993 So.2d 614 (Fla. 4th DCA 2008) (en banc).
Accordingly, we affirm the final summary judgment.
AFFIRMED.
ORFINGER and MONACO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Rosado v. Daimlerchrysler Fin. Servs. Tr., 1 So. 3d 1200 (Fla. 2d DCA 2009)
-
Parker v. Enter. Leasing Co. of Orlando, 37 So. 3d 389 (Fla. 5th DCA 2010)
-
Tamilia Fair v. Wilkishia D. Reese, 6 So. 3d 73 (Fla. 5th DCA 2009)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Garcia v. Vanguard CAR Rental USA, Inc., 540 F.3d 1242 (11th Cir. 2008)
- Vargas v. Enter. Leasing Co., 993 So. 2d 614 (Fla. 4th DCA 2008)
- Mathias v. Bryant, 984 So. 2d 519 (Fla. 2008)
- Deopersad Kumarsingh and Rosalie Kumarsingh v. PV Holding Corp. & Avis Rent A Car Sys., Inc., 983 So. 2d 599 (Fla. 3d DCA 2008)
- Garcia Ex Rel. Estate of Garcia v. Vanguard Car Rental USA, Inc., 510 F. Supp. 2d 821 (M.D. Fla. 2007)
- ST. Onge v. White, 988 So. 2d 59 (Fla. 1st DCA 2008)
- Lucas v. Norris E. Williams, 984 So. 2d 580 (Fla. 1st DCA 2008)
- Koslovsky Realty, Inc. v. Savitcheva, 972 So. 2d 925 (Fla. 3d DCA 2007)
- Bechina v. Enter. Leasing Co., 972 So. 2d 925 (Fla. 3d DCA 2007)
- Dupuis v. Vanguard Car Rental USA, Inc., 510 F. Supp. 2d 980 (M.D. Fla. 2007)