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Vehicle Leasing: Graves Amendment Held Inapplicable to Leased Trailers

BY Adam J. Schlagman
October 29, 2009

If you or your clients are in the business of leasing the trailer portions of tractor-trailers take note, a New York County trial court judge has ruled that 49 U.S.C. ' 30106, (“the Graves Amendment”), does not pre-empt actions alleging vicarious liability with respect to “delivery equipment” that does not contain a motor. See Lee v. Rivera, No. 107547/07, New York County Supreme Court, Justice Paul Wooten (July 31, 2009).

The Facts

The plaintiff was injured in a collision with the trailer portion of a tractor-trailer. The tractor, operated by defendant Angel A. Cordonar, was carrying a trailer owned by defendant General Trading Grocery and Dairy. General Trading Grocery and Dairy is the parent company of defendant Jiffy Trucking Company. Jiffy Trucking Company operates as the leasing company for General Trading Grocery and Dairy. Jiffy Trucking Company leased a trailer to defendants Ponce Dynasty Corporation and Jose L. Benitez, the independent owners of the tractor that was involved in this accident. Ponce Dynasty Corporation and Jose L. Benitez are the employers of Angel A. Cordonar, the operator of said tractor, that Jiffy's trailer was attached to, at the time of the subject accident.

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