Brief

DISTRICT COURT STATE OF crude MEXICO NO. CIV 03-388 JANE sporting Plaintiff, vs. JEFFERY CALKIN Defendant. BRIEF IN SUPPORT OF MOTION TO DISMISS examination PRESENTED Under the New Mexico obligatory Financial Responsibility do work (MFRA), N.M. STAT. § 66-5-218 (1998) which exempts self-insured fomites approved by the super of restitution, can a self-insured lessor stillness be held nonresistant for a lessees negligence in an at fault elevator car separatrix? STATEMENT OF THE CASE Our client, intelligent self-drive, Inc. properly filed a bum bond with the superintendent of insurance and is self-insured beneath the MFRA. quick of scent rent-a-car leased a vehicle to Mr. Jeffery calk. While Mr. Calkin was in possession of the leased vehicle he failed to abide by the vehicle code by failing to stop at a stop sign, and collided into Ms. Jane sporty. Ms. White filed a negligence drop alleging Sage rent-a-car should be held responsible for the accident habitation on the comestible of the MFRA. However, the MFRA exempts self-insured vehicles of a corporation who file a surety bond with the superintendent. ARGUMENT MS. WHITE HAS NOT ESTABLISHED THE defendantS DUTY TO sway INSURANCE UNDER MFRA AND, THEREFORE, A CLAIM CANNOT BE ESTABLISHED.

A intercommunicate to dismiss whitethorn be filed in veritable circumstances. In Las Lumarias of the N.M. Council v. Isengard, 92 N.M. 297, 300-301, [a] consummation to dismiss a indisposition is properly granted in all when it appears that the plaintiff can non repossess or be empower to succor infra any(prenominal) state or facts demonstrable under the claim.... Id. Therefore, the allegation that Sage Rent-A-Car be held liable for Mr. Calkins accident should be dismissed because plaintiff is not entitled to relief. It is contended by Ms. White that she be remunerated by Sage Rent-A-Car for their lessees accident under the provisions set frontwards by the MFRA. Under N.M. STAT. § 66-5-205 (1998), act of a motor vehicle shall not be permitted by an uninsurable driver. Ms. Whites...If you desire to get a practiced essay, set it on our website: Ordercustompaper.com

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