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Motion Summary Judgment Adjudication

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12 Cited authorities

  1. Guz v. Bechtel National, Inc.

    24 Cal.4th 317 (Cal. 2000)   Cited 3,319 times   4 Legal Analyses
    Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."

  2. Garcia v. Vanguard Car Rental

    540 F.3d 1242 (11th Cir. 2008)   Cited 90 times
    Holding that the Graves Amendment is a permissible exercise of Congress' Commerce Clause powers under the Constitution in affirming the district court's judgment that the amendment preempted all vicarious-liability claims against the lessor, a Florida rental-car company, in an action in which the company was neither negligent nor criminally liable for the lessee's automobile accident

  3. Hinman v. Westinghouse Elec. Co.

    2 Cal.3d 956 (Cal. 1970)   Cited 177 times   2 Legal Analyses
    Recognizing the required-vehicle exception

  4. Aurbach v. Gallina

    753 So. 2d 60 (Fla. 2000)   Cited 63 times   1 Legal Analyses
    Holding that, through the doctrine, Florida common law "imposes strict vicarious liability upon the owner of a motor vehicle who voluntarily entrusts that motor vehicle to an individual whose negligent operation causes damage to another" (citing S. Cotton Oil, 86 So. at 637)

  5. Alex R. Thomas Co. v. Mutual Service Cas. Ins. Co.

    98 Cal.App.4th 66 (Cal. Ct. App. 2002)   Cited 39 times
    Distinguishing Pioneer Chlor on these grounds

  6. Green v. Toyota Motor Creditcorp

    605 F. Supp. 2d 430 (E.D.N.Y. 2009)   Cited 21 times
    Finding the Graves Amendment constitutional

  7. Pacho v. Enterprise Rent-A-Car Company

    572 F. Supp. 2d 341 (S.D.N.Y. 2008)   Cited 12 times
    Finding that the defendant had raised a genuine issue of material fact regarding the plaintiff's negligence, where the defendant provided evidence tending to show that the plaintiff was negligently crossing against a green light and under the influence of narcotics at the time of the accident

  8. Carton v. General Motors Acceptance Corp.

    639 F. Supp. 2d 982 (N.D. Iowa 2009)   Cited 10 times
    Granting defendant's motion to dismiss upon finding that § 30106 applies only to claims predicated on criminal wrongdoing and negligent maintenance

  9. Johnson v. Agnant

    480 F. Supp. 2d 1 (D.D.C. 2006)   Cited 8 times
    Holding that Graves Amendment preempts vicarious liability claims against lessors under the law of any State

  10. Durbin v. Fletcher

    165 Cal.App.3d 334 (Cal. Ct. App. 1985)   Cited 13 times
    In Durbin, the trial court entered summary judgment in favor of certain defendants in a personal injury action arising out of an automobile accident involving a Camaro driven by defendant Fletcher.

  11. Section 30106 - Rented or leased motor vehicle safety and responsibility

    49 U.S.C. § 30106   Cited 635 times   4 Legal Analyses
    Defining "affiliate" as "a person other than the owner that directly or indirectly controls, is controlled by, or under common control with the owner"

  12. Section 324.031 - Manner of proving financial responsibility

    Fla. Stat. § 324.031   Cited 23 times

    The owner or operator of a taxicab, limousine, jitney, or any other for-hire passenger transportation vehicle may prove financial responsibility by providing satisfactory evidence of holding a motor vehicle liability policy as defined in s. 324.021(8) or s. 324.151, which policy is issued by an insurance carrier which is a member of the Florida Insurance Guaranty Association. The operator or owner of any other vehicle may prove his or her financial responsibility by: (1) Furnishing satisfactory evidence