Trial court brief

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Ms. White filed a complaint against Sage Rent-A-Car Inc. for negligence in failing to carry insurance. Sage plans to file a Rule 1-012B (6) motion to dismiss for failure to…

Introduction

Ms. White filed a negligent complaint against Sage Rent-A-Car Inc. for the negligent use of the lessor’s vehicle by the lessee. Sage filed a motion to dismiss the complaint under Rule 1-012B (6) for failure to state claim.
MS. WHITE’S ARGUMENT THAT SAGE HAS DUTY TO ASSUME RESPONSIBILITY FOR THE ACCIDENT IS A SET OF FACTS WHICH, IF PROVEN, WOULD ESTABLISH THE DEFENDANTS DUTY TO CARRY LICENSE AND, THEREFORE, A CLAIM CAN BE STATED AS TO DUTY.
This matter is before the court on a Rule 1-012B (6) motion to dismiss for failure to state a claim. In the case Las Lumarias of the N.M. Council v. Isengard, 92 N.M. 297, 300-301 (1978), the New Mexico District Court established the standard for the granting of a 1-012B (6) motion. The court stated, “A motion to dismiss a complaint is properly granted only when it appears that the plaintiff cannot recover or be entitled to relief under any state of facts provable under the claim…” Sage Rent-A-Car’s motion specifically alleges that a claim cannot be stated in this case with regard to duty. To survive this motion, Ms. White must demonstrate that there is a provable set of facts that would establish the duty of Sage Rent-A-Car Inc. to carry license in this case.
The Mandatory Financial Responsibility Act establishes the prevention of a motor owner from permitting the operation of an uninsured motor vehicle. Section 66-5-205 sets out the duty of Sage Rent-A-Car Inc. It provides, “No owner shall permit the operation of an uninsured motor vehicle, or a motor vehicle for which evidence of financial responsibility as was affirmed to the department is not currently valid, upon the streets or highways of New Mexico unless the vehicle is specifically exempted from the provisions of the Mandatory Financial Responsibility Act…”
The Act provides for the conditions under which an owner may permit an uninsured vehicle to operate. It specifies for the exceptions to this rule, ...
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