Brief

DISTRICT COURT STATE OF NEW MEXICO NO. CIV 03-388 JANE etiolate Plaintiff, vs. JEFFERY CALKIN Defendant. BRIEF IN SUPPORT OF MOTION TO clear QUESTION PRESENTED Under the New Mexico obligatory Financial indebtedness Act (MFRA), N.M. STAT. § 66-5-218 (1998) which exempts self-insured vehicles approved by the superintendent of insurance, can a self-insured lessor still be held apt for a lessees disrespect in an at fault railcar accident? mastery OF THE CASE Our client, apt self-drive, Inc. properly filed a gage hold fast with the superintendent of insurance and is self-insured beneath the MFRA. Sage Rent-A-Car rent a vehicle to Mr. Jeffery calk. While Mr. Calkin was in pigheadedness of the leased vehicle he failed to abide by the vehicle code by failing to stop at a stop sign, and collided into Ms. Jane White. Ms. White filed a negligence slip alleging Sage Rent-A-Car should be held responsible for the accident base on the comestible of the M FRA. However, the MFRA exempts self-insured vehicles of a corporation who file a security bond with the superintendent. ARGUMENT MS. WHITE HAS NOT ESTABLISHED THE oddS DUTY TO CARRY INSURANCE UNDER MFRA AND, THEREFORE, A CLAIM CANNOT BE ESTABLISHED.

A intercommunicate to dismiss may be filed in certain circumstances. In Las Lumarias of the N.M. Council v. Isengard, 92 N.M. 297, 300-301, [a] consummation to dismiss a complaint is properly granted exclusively when it appears that the plaintiff can non recover or be authorise to succor low any state or facts demonstrable under the claim.... Id. Therefore, the allegation that Sage Rent-A-Car be held liable for Mr. Calki! ns accident should be dismissed because plaintiff is not entitled to relief. It is contended by Ms. White that she be make up by Sage Rent-A-Car for their lessees accident under the provisions set forth by the MFRA. Under N.M. STAT. § 66-5-205 (1998), accomplishment of a motor vehicle shall not be permitted by an uninsurable driver. Ms. Whites...If you want to get a rich essay, set it on our website: BestEssayCheap.com

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