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Partner Jason Katz Prevails at Framed Issue Hearing –Rebuts Presumption of Permissive Use, Obtains Dismissal of Complaint

Posted: March 3, 2022

Partner Jason Katz obtained dismissal of plaintiff’s complaint in a motor vehicle action where the issue centered on “permissive use” of his client’s vehicle as that term is defined in Vehicle and Traffic Law Section388(1). That section makes every owner of a vehicle liable for injuries resulting from negligence in the “use or operation of such vehicle by any person using or operating same with the permission, express or implied, of such owner.” Jason successfully demonstrated that the vehicle had been stolen, and that the operator of the stolen vehicle did not have the required permission or consent to operate it. The Court agreed that Jason rebutted the presumption of permissive use embodied in the statute and dismissed all claims asserted against our client.