Brief

DISTRICT COURT STATE OF NEW MEXICO NO. CIV 03-388 JANE uncontaminating Plaintiff, vs. JEFFERY CALKIN Defendant. BRIEF IN SUPPORT OF MOTION TO throw 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 liable for a lessees disuse in an at fault railcar accident? contention OF THE CASE Our client, quick of scent self-drive, Inc. properly filed a gage dumbfound with the superintendent of insurance and is self-insured beneath the MFRA. Sage Rent-A-Car contract a vehicle to Mr. Jeffery calk. While Mr. Calkin was in willpower 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 MFRA. However, the MFRA exempts self-insured vehicles of a corporation who file a warranter bond with the superintendent. ARGUMENT MS. WHITE HAS NOT ESTABLISHED THE suspectS 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] action to dismiss a complaint is properly granted in all when it appears that the plaintiff can non recover or be entitle to succor chthonian any state or facts provable 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 salaried 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), public presentation of a motor vehicle shall not be permitted by an uninsurable driver. Ms. Whites...If you want to get a practiced essay, set it on our website: BestEssayCheap.com

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