The defendant vehicle lessor brought a motion for summary judgment in a personal injury action arising from a single‑vehicle accident involving a rented vehicle.
The plaintiff alleged both negligent maintenance of the vehicle and vicarious liability of the owner under the Highway Traffic Act.
The court held that the plaintiff had adduced no evidence capable of supporting negligence in the vehicle’s maintenance or configuration and dismissed that portion of the claim.
However, the court found that s. 267.12 of the Insurance Act did not extinguish a plaintiff’s right to pursue vicarious liability against a vehicle lessor, as the statute addresses priority and payment obligations rather than legal liability.
The claim based on vicarious liability was therefore permitted to proceed.
