The appellant was seriously injured in a motor vehicle accident involving a leased vehicle.
The appellant sued the driver, the lessees, the legal owner (Daimler Financial), and the beneficial owner (Chrysler).
The motion judge found that Chrysler was an owner under the Highway Traffic Act and vicariously liable, but that both Chrysler and Daimler Financial were lessors under the Insurance Act and entitled to a $1 million cap on liability.
The motion judge also dismissed the appellant's claim that the driver was an unnamed insured under Daimler Financial's excess policy and dismissed the negligent entrustment claim.
The Court of Appeal upheld all of the motion judge's findings, dismissing both the appeal and the cross-appeal.
