Trial court brief - Essay Example

This memorandum is submitted in opposition to that motion. QUESTION PRESENTED Under the Mandatory Financial Responsibility Act can a negligence claim be stated when a lessor who is self-insured fails to carry insurance. STATEMENT OF THE CASE Sage Rent-A-Car Inc. leased a vehicle to Jeffery Calvin. Mr. Calvin failed to stop at a stop sign and collided with Jane White. Sage did not bear insurance. 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. ARGUMENT 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…” Section 66-5-218 sets out the procedure for acquiring evidence of financial responsibility: Evidence of financial responsibility, when required under the Mandatory Financial Responsibility Act, may be given by filing: A.

evidence of a motor vehicle insurance policy; B. a surety bond as provided in Section 66-5-225 NMSA 1978; or C. A certificate of deposit of money as provided in Section 66-5-226 NMSA 1978. Section 66-5-207 provides for exempted motor vehicles. It provides, “The following motor vehicles are exempt from the Mandatory Financial Responsibility Act; D. A motor vehicle approved as self-insured by the superintendent of insurance pursuant to Section 66-5-207, 1 NMSA 1978:…” 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, and this includes motor vehicles approved as self-insured by the superintendent of insurance. Ms. White’s complaint states that Sage is required to carry a license under the provisions of