Appeals

Christopher Lynch and Edward Storck Successfully Obtain Summary Judgment Pursuant to Conn. Gen. Stat. § 14-60

Christopher Lynch and Edward Storck obtained summary judgment in a case involving suit by plaintiff against the client dealership and the tortfeasor who was loaned a motor vehicle by the client dealership while the tortfeasor’s…

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Christopher Lynch and Edward Storck obtained summary judgment in a case involving suit by plaintiff against the client dealership and the tortfeasor who was loaned a motor vehicle by the client dealership while the tortfeasor’s vehicle was in for repairs. Tortfeasor struck plaintiff while he was riding his motorcycle causing significant injuries with damages well in excess of the policy for the tortfeasor. Plaintiff brought suit against the dealership pursuant to Conn. Gen. Stat. § 14-154a which created vicarious liability for motor vehicle lessors. In the underlying suit, we successfully obtained Summary Judgment on behalf of the dealership pursuant to Conn. Gen. Stat. § 14-60, which grants immunity for dealers who loan motor vehicles/dealer plates to customers while the customer’s vehicle is being prepared and the dealership obtains proof of insurance from the customer.  In the Appeal, Plaintiff argued that the trial court got it wrong by concluding that there was no question of fact that the transaction was a loan and not a rental. The Appellant argued that the agreement that the Dealership had the customer signed used the word rental approximately 27 times throughout the document, the document itself was titled “Rental Agreement” and the agreement itself indicated that it was for consideration. The Plaintiff argued that a jury should have been allowed to decided what type of transaction was involved.

Kyle McCall v. Gina Sopneski et al. (AC 42498)

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