A federal law intended to shield car rental companies against vicarious liability will not protect the corporate owner of leased truck operated by a driver who was watching pornography on his laptop when the truck barreled into a disabled car, a judge in Buffalo has held.
Western District Judge Richard Arcara (See Profile), bemoaning the poor craftsmanship and lack of legislative debate that resulted in the controversial “Graves Amendment,” rejected a magistrate judge’s recommendation and held that the owner of the vehicle can be held vicariously liable for the alleged negligence of an affiliate.
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