Question
Our client, Sage Rent-A-Car Inc., leased a vehicle to Jeffery Calkin. Mr. Calkin failed to stop at a stop sign and collided with Jane White,
Our client, Sage Rent-A-Car Inc., leased a vehicle to Jeffery Calkin. Mr. Calkin failed to stop at a stop sign and collided with Jane White, the plaintiff. Ms. White filed a negligence suit against both Mr. Calkin and Sage Rent-A-Car. In paragraph 36 of the complaint, plaintiff claims that Sage is required to carry insurance under the provisions of the Mandatory Financial Responsibility Act and therefore, under the act, has a duty to assume responsibility for this accident. I do not read the act to extend liability to lessors for the damages that result from the negligent use of vehicles by lessees. Therefore, I plan to file a Rule 1-012B(6) motion to dismiss for failure to state a claim. Please prepare a rough draft of a brief in support of the motion to dismiss. research the applicable Pennsylvania law and draft a brief insupport ofthe defendant Sage's motion to dismiss. Assume the suit has been filed in the Court of Common Pleas, Northampton County (same docket number as in the problem). Remember to use PENNSYLVANIA LAW in supporting your argument(s) and your brief should be in the following form: caption; statement of facts; issue(s) presented; summary of argument; argument; and conclusion.
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