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Case Study: Sage Rent-A-Car Incorporation

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BRIEF IN SUPPORT OF MOTION TO DISMISS
PRELIMINARY STATEMENT

Our client, Sage Rent-A-Car Incorporation, leased a vehicle to Jeffery Calkin. The Defendant, Mr. Calkin was involved in a collision by failing to stop at a stop sign, therefore colliding with Jane White, the Plaintiff. Ms. White filed a negligence law suit against Mr. Calkin and Sage Rent-A-Car Inc. In the complaint, the Plaintiff claims that our client is required to carry insurance under the provisions of the Mandatory Financial Responsibility Act and therefore, has the duty to assume liability for the Defendant’s negligent collision. This matter is before the court on a motion to dismiss the Plaintiff’s complaint.

QUESTIONS PRESENTED

Under the New Mexico Mandatory Financial Responsibility Act, (MFRA), NMSA 1978 § 66-5-201 to 66-5-239. MFRA, NMSA …show more content…

MFRA, NMSA 1978 § 66-5-205 (1998), was enacted to ensure operation of an uninsured vehicle was prohibited as it states, “No owner shall permit the operation of an uninsured motor vehicle, or a motor vehicle for which evidence of financial responsibility as was affirmed to the department is not currently valid, upon the streets or highways of New Mexico unless the vehicle is specifically exempted from the provisions of the Mandatory Financial Responsibility Act…”
The New Mexico Mandatory Financial Responsibility Act, MFRA, NMSA 1978 § 66-5-218 (1998), provides guidelines as to financial responsibility as it states, “Evidence of financial responsibility, when required under the Mandatory Financial Responsibility Act, may be given by filing: evidence of a motor vehicle insurance policy; a surety bond as provided to Section 66-5-225 NMSA 1978; or a certificate of deposit of money as provided in Section 66-5-226 NMSA

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