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Trial court brief - Essay Example
Pages 3 (753 words)
Trial Brief The following is a trial brief prepared by (insert your name) NEW MEXICO DISTRICT COURT STATE OF NEW MEXICO NO. CIV. 03-388 Plaintiff, JANE WHITE VS. JEFFERY CALKIN Defendant BRIEF IN OPPOSITION TO MOTION TO DISMISS PRELIMINARY STATEMENT Jane White, the plaintiff, collided with Jeffery Calkin, the defendant, who failed to stop at a stop sign…
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. ...
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