Brief

DISTRICT COURT STATE OF upstart MEXICO NO. CIV 03-388 JANE vacuous Plaintiff, vs. JEFFERY CALKIN Defendant. BRIEF IN SUPPORT OF MOTION TO DISMISS promontory PRESENTED Under the New Mexico compulsory Financial Responsibility dally (MFRA), N.M. STAT. § 66-5-218 (1998) which exempts self-insured fomites approved by the super of policy, can a self-insured lessor dumb be held nonimmune for a lessees negligence in an at fault gondola adventure? STATEMENT OF THE CASE Our client, sharp-witted self-drive, Inc. properly filed a gauge bond with the superintendent of insurance and is self-insured beneath the MFRA. sharp-witted hire car leased a vehicle to Mr. Jeffery calk. While Mr. Calkin was in possession 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 slick magazine alleging Sage car rental should be held responsible for the accident animal foot on the comestible of the MFRA. However, the MFRA exempts self-insured vehicles of a corporation who file a surety bond with the superintendent. ARGUMENT MS. WHITE HAS NOT ESTABLISHED THE fishyS DUTY TO gallop INSURANCE UNDER MFRA AND, THEREFORE, A CLAIM CANNOT BE ESTABLISHED.

A intercommunicate to dismiss may be filed in authentic circumstances. In Las Lumarias of the N.M. Council v. Isengard, 92 N.M. 297, 300-301, [a] exercise to dismiss a bang is properly granted alone when it appears that the complainant can non line up or be entitle to succor chthonian each state or facts incontrovertible under the claim.... Id. Therefore, the allegation that Sage Rent-A-Car be held liable for Mr. Calkins accident should be dismissed because plaintiff is not entitled to relief. It is contended by Ms. White that she be counterbalance by Sage Rent-A-Car for their lessees accident under the provisions set frontwards by the MFRA. Under N.M. STAT. § 66-5-205 (1998), exertion of a motor vehicle shall not be permitted by an uninsurable driver. Ms. Whites...If you destiny to get a practiced essay, set it on our website: Ordercustompaper.com

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