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Business, 05.05.2020 06:25 avalonr2003

Our client, Sage Rent-A-Car Inc., leased a vehicle to Jeffery Calkin. Mr. Calkin failed to stop at a stop sign and collided with Jane White, the plaintiff. Ms. White filed a negligence suit against both Mr. Calkin and Sage Rent-A-Car. In paragraph 36 of the complaint, plaintiff claims that Sage is required to carry insurance under the provisions of the Mandatory Financial Responsibility Act and therefore, under the act, has a duty to assume responsibility for this accident. When Sage incorporated, it filed a surety bond with the superintendent of insurance and is self-insured under the act. I do not read the act to extend liability to lessors for the damages that result from the negligent use of vehicles by lessees. Therefore, I plan to file a Rule 1-012B(6) motion to dismiss for failure to state a claim. Please prepare a rough draft of a brief in support of the motion to dismiss.

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