STATE OF OHIO
NO. CIV. 01-388
SAGE RENT-A-CAR, INC.
BRIEF IN SUPPORT OF MOTION TO DISMISS
Under Civil Rule 12(b)(6), Whether a self-insured lessor can still be liable for a lessee’s negligence in an automobile accident?
STATEMENT OF CASE
Our client, Sage Rent-A-Car, Inc. filed a surety bond with the Registrar of Motor Vehicles and is self-insured under R.C. 4509.72. Sage Rent-A-Car leased a vehicle to Mr. Jeffery Calkin. Mr. Calkin failed to abide by a stop sign, and collided with Ms. Jane White. Ms. White filed a complaint.
Ms. White cannot establish the defendant’s duty to carry insurance under the R.C. 4509.101, therefore a claim cannot be established.
A motion to dismiss may be filed in circumstances. Under Civil Rule 12(b)(6), a motion to dismiss a complaint is properly granted only when it appears that the plaintiff cannot prove beyond a reasonable doubt that a set of facts in support of his or her claim could entitle them to relief.
It is contended by Ms. White that she be compensated by our client for Calkin’s negligence under the provisions set forth by R.C. 4509.101. Under 4509.101, No person shall operate or permit the operation of a motor vehicle in this state, unless proof of financial responsibility is maintained continuously throughout the registration period with respect to that vehicle, or in the case of a driver who is not the owner, with respect to that driver’s operation of the vehicle. R.C 4509.101
Motion to dismiss should be granted because Sage Rent-A- Car is exempt. Sage Rent-A-Car filed a surety bond to become self-insured upon incorporation, receiving approval from the registrar of motor vehicles under the Ohio Revised Code. According to R.C. 4509.72, Any person in whose name more than 25 motor vehicles are registered in this state,...