Arguments heard on auto lessee, lessor liability
February 2, 2008 – 5:58 amAre the lessor and lessee of a vehicle responsible when its negligent operation caused the plaintiff to be injured, even though the driver of the vehicle was not authorized to drive it? In Stanley Murdza v. D.L. Peterson Trust, Brown & Williamson Tobacco Corp. and PHH Fleet American Corp., (decided June 6, 2002, docket number 01-7047) the U.S.Court of Appeals was asked to decide what responsibility, if any, a lessor and lessee had in a car accident where the driver of the vehicle was not authorized to use the vehicle. After a review of the evidence, the court certified two questions to the New York State Court of Appeals in order to determine whether the owners of the leased vehicle are exempt from liability under the circumstances of the case. Case Background On December 17, 1996 the plaintiff, Stanley Murdza was hit by a van driven by one of the ...