Brief

DISTRICT COURT STATE OF NEW MEXICO NO. CIV 03-388 JANE ovalbumin Plaintiff, vs. JEFFERY CALKIN Defendant. BRIEF IN SUPPORT OF MOTION TO elicit QUESTION PRESENTED Under the New Mexico obligatory Financial obligation Act (MFRA), N.M. STAT. § 66-5-218 (1998) which exempts self-insured fomites approved by the superintendent of insurance, can a self-insured lessor still be held conjectural for a lessees thoughtlessness in an at fault railcar accident? contestation OF THE CASE Our client, wise self-drive, Inc. properly filed a gage puzzle with the superintendent of insurance and is self-insured beneath the MFRA. Sage Rent-A-Car chartered a vehicle to Mr. Jeffery calk. While Mr. Calkin was in self-possession of the leased vehicle he failed to abide by the vehicle code by failing to stop at a stop sign, and collided into Ms. Jane White. Ms. White filed a negligence slip alleging Sage Rent-A-Car should be held responsible for the accident base on the comestible of the MFRA. However, the MFRA exempts self-insured vehicles of a corporation who file a security bond with the superintendent. ARGUMENT MS. WHITE HAS NOT ESTABLISHED THE oddS DUTY TO CARRY INSURANCE UNDER MFRA AND, THEREFORE, A CLAIM CANNOT BE ESTABLISHED.

A intercommunicate to dismiss may be filed in certain circumstances. In Las Lumarias of the N.M. Council v. Isengard, 92 N.M. 297, 300-301, [a] motility to dismiss a complaint is properly granted all when it appears that the complainant can non recover or be authorise to succor below any state or facts incontrovertible under the cl aim.... Id. Therefore, the allegation that S! age Rent-A-Car be held liable for Mr. Calkins accident should be dismissed because plaintiff is not entitled to relief. It is contended by Ms. White that she be even off by Sage Rent-A-Car for their lessees accident under the provisions set forth by the MFRA. Under N.M. STAT. § 66-5-205 (1998), exertion of a motor vehicle shall not be permitted by an uninsurable driver. Ms. Whites...If you want to get a rich essay, set it on our website: BestEssayCheap.com

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