Scopelitis, Garvin, Light, Hanson & Feary, P.C.


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Transportation Brief: Graves Amendment Shields Lessor From Liability

Mar 21, 2017

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.

Also in this issue:
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  • Transportation Brief: First Circuit Deals Blow to Hair-Testing
    by Prasad Sharma , Timothy W. Wiseman
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  • Transportation Brief: Ohio Commercial Activity Tax Audits on the Rise
    by Andrew K. Light , Ronald J. Morelock
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