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Summary Judgment Granted in Graves Amendment Case

William Backer, of our Tampa office, obtained a final summary judgment in favor of our client, a car dealership, based upon the Graves Amendment, a federal law restricting the vicarious liability of certain vehicle owners such as car dealerships and vehicle rental agencies for damages arising out of motor vehicle accidents. The plaintiff sustained injuries after she was struck by a vehicle driven by one of the car dealership’s customers who was driving the rental vehicle, owned by the dealership, while his own car was being repaired. A motion for summary judgment had previously been filed on behalf of the car dealership under Florida’s prior summary judgment standard, which was denied. A renewed motion was filed, applying the new summary judgment standard and arguing the legal intricacies of the Graves Amendment and how the law applied to the facts in this case. The trial court agreed and granted the motion.

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