Nisco National Leasing, a division of HVL Ltd. ("Nisco"), brought a motion for summary judgment to dismiss claims against it by Mark Pittuck and other plaintiffs.
Pittuck was injured while operating a leased tow truck, alleging Nisco's negligence for failing to remove a dangerous "side puller" or provide maintenance instructions.
The court found that the commercial lease agreement explicitly placed responsibility for inspection, acceptance, and maintenance of the tow truck solely on Pittuck, and Nisco was not a dealer or manufacturer.
The court determined that the Sale of Goods Act did not apply to the commercial lease, and the contractual terms limited Nisco's duty of care, taking precedence over any potential tort claim.
Nisco's motion for summary judgment was granted, dismissing the claims.
