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Ford Credit to Exit Auto Leasing in New York and Rhode Island
In the May issue, author Pauline Clark discussed the Rhode Island Supreme Court's decision in Oliveira v. Lombardi, 794 A.2d 453 (R.I. 2002), holding that automobile leasing companies may be held liable under the state's vicarious liability statute for the negligence of drivers operating motor vehicles titled in the leasing companies' name. In a clear response to this and other similar cases, Ford Credit has announced that it plans to exit automobile leasing in Rhode Island in October 2003 and in New York after July 9, 2003.
The company noted specifically that Rhode Island's vicarious liability law has already caused finance companies to resolve litigation by making 'significant payouts.' It is hoped, however, that the pullout will not be permanent. Putting the issue squarely in the lap of state lawmakers, Ford credit regional manager, June Awad stated, 'we realize that the Rhode Island legislature is considering legislation that would remedy the situation. Ford Credit fully and actively supports this legislation and, if it is signed into law, we will continue to lease there.'
The company also cited the failure of the New York Legislature to act on a vicarious liability bill that would have eliminated the legal exposure of finance companies. A.J. Wagner, Ford Credit's executive vice president of North America, expressed his disappointment that the New York Legislature recently adjourned without addressing the proposed bill, stating that New York may soon be the only state in the nation where leasing is not an option for consumers.' Recently, a New York jury rendered a $1 million verdict against Ford Credit after a young girl brought suit after her father ran her over with his leased car while she was sunbathing.
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