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Graves Amendment Shields Lessor From Liability

Owners of intermodal containers and chassis recently received protection from the Graves Amendment (49 U.S.C. § 30106) in a New York appellate case. In Eisenberg v. Cope Bestway Exp., Inc., the court held that the intermodal chassis lessor was not liable for the Plaintiff’s injuries. In reaching this decision, the court determined the lessor was a bona fide commercial lessor of motor vehicles, a chassis qualifies as a motor vehicle under the Graves Amendment, and there was no allegation that the accident was the result of any negligence on the lessor’s part. The plaintiffs’ bar continues to pursue equipment owners in injury litigation as an additional source of liability and damage recovery. The Graves Amendment continues to be a vital defense against such attacks.

The Transportation Brief®

A quarterly newsletter of legal news for the clients and friends of Scopelitis, Garvin, Light, Hanson & Feary

News from Scopelitis is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.

Graves Amendment Shields Lessor From Liability

Owners of intermodal containers and chassis recently received protection from the Graves Amendment (49 U.S.C. § 30106) in a New York appellate case. In Eisenberg v. Cope Bestway Exp., Inc., the court held that the intermodal chassis lessor was not liable for the Plaintiff’s injuries. In reaching this decision, the court determined the lessor was a bona fide commercial lessor of motor vehicles, a chassis qualifies as a motor vehicle under the Graves Amendment, and there was no allegation that the accident was the result of any negligence on the lessor’s part. The plaintiffs’ bar continues to pursue equipment owners in injury litigation as an additional source of liability and damage recovery. The Graves Amendment continues to be a vital defense against such attacks.

News from Scopelitis is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.