2000 Conn. Super. Ct. 2980 | Conn. Super. Ct. | 2000
The plaintiff has brought this action against the defendants Eric J. Kelly and GECAFS seeking compensation for the injuries he allegedly suffered due to the negligence of Kelly. The plaintiff alleges that on May 31, 1998 Kelly was operating a 1997 Dodge pick up truck owned by GECAPS and leased to Kelly when he negligently drove the truck into the rear of the plaintiffs truck inflicting severe and painful injuries to the plaintiff. In his complaint, the plaintiff claims that GECAFS, as the lessor of the motor vehicle, is liable pursuant to General Statutes §
GECAFS has moved for summary judgment asserting that it is not liable under the provisions of §
Practice Book §
GECAFS relies primarily on Pedevillano v. Bryon,
GECAFS, however, misses an important distinction between the situation in Pedevillano and this case; a distinction emphasized in the court's opinion in Pedevillano. In Pedevillano, the plaintiff was seeking to impose liability on the lessor for the tortious conduct of a third party, who was not a party to the lease agreement or an authorized driver pursuant to its terms. In this case, the plaintiff seeks to impose liability on GECAFS as the lessor for the tortious conduct of the lessee which violates the terms of the lease. The Supreme Court in Pedevillano v. Bryon
recognized the importance of this difference in determining a lessor's liability under §
Section
Other superior courts faced with similar situations have concluded that restrictive lease provisions concerning the lessee's conduct do not absolve the owner of a leased vehicle from liability under §
The defendant GECAFS has not shown that it is entitled to judgment as a matter of law. Accordingly, its motion for summary judgment is denied.
BY THE COURT
Judge Jon M. Alander