Pedevillano v. Bryon

648 A.2d 873, 231 Conn. 265, 1994 Conn. LEXIS 366
CourtSupreme Court of Connecticut
DecidedOctober 18, 1994
Docket14962
StatusPublished
Cited by77 cases

This text of 648 A.2d 873 (Pedevillano v. Bryon) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pedevillano v. Bryon, 648 A.2d 873, 231 Conn. 265, 1994 Conn. LEXIS 366 (Colo. 1994).

Opinion

Peters, C. J.

The dispositive issue in this appeal is whether General Statutes § lA-lMa1 imposes liability on the lessor of a motor vehicle for the tortious operation of that motor vehicle by a person who is not an “authorized driver” within the terms of the lease agreement. The plaintiff, Joseph Pedevillano, brought an action claiming that he had sustained serious personal injuries as a result of the negligent and reckless con[267]*267duct of the defendant Jose Bryon (driver), who was driving a car that had been leased from the defendant Rental Car Resources, Inc. (lessor). After a default by the driver and a hearing to determine damages, a jury returned a verdict for the plaintiff against the driver in the amount of $354,000. The trial court rendered a judgment accepting the jury’s verdict, from which the driver has not appealed. The trial court also, however, granted a motion for summary judgment in favor of the lessor. The plaintiff appealed to the Appellate Court from the granting of the motion for summary judgment, and we transferred the appeal to this court pursuant to Practice Book § 4023 and General Statutes § 51-199 (c). We affirm the judgment of the trial court.

The relevant facts are undisputed. The driver caused serious personal injury to the plaintiff while operating a vehicle that the lessor had rented to Miguel Santana. Santana had procured the vehicle, either for his own use to replace a disabled vehicle or for the driver’s use at the driver’s request. The driver was neither a spouse nor an employer of Santana, nor were they jointly engaged in legal business activities. The lease agreement between Santana and the lessor had an express provision defining who would qualify as an “authorized driver” under the lease.2

The plaintiff advances four contentions in his brief in support of his argument for reversal of the trial court’s granting of the lessor’s motion for summary [268]*268judgment. He maintains that: (1) literally construed, § 14-154a imposes unconditional liability on a lessor for injuries caused by any user of the lessor’s vehicles; (2) liberally construed in light of its remedial purposes, § 14-154a imposes liability on a lessor for injuries caused by a person who uses the vehicle with the permission of an authorized lessee; (3) regardless of the relationship between the driver and the lessor, the plaintiff has a right to recover for his injuries because § 14-154a automatically makes the plaintiff a third party beneficiary of the lease agreement; and (4) the lessor was not entitled to summary judgment because the supporting affidavits leave unresolved certain questions of fact that make summary judgment inappropriate. We are unpersuaded.

Our assessment of the plaintiff’s various claims under § 14-154a must start with the text of that statute. It provides, in to to, that “[a]ny person renting or leasing to another any motor vehicle owned by him shall be liable for any damage to any person or property caused by the operation of such motor vehicle while so rented or leased, to the same extent as the operator would have been liable if he had also been the owner.” We have repeatedly stated our view of the purpose of the statute. “[It] cannot be regarded otherwise than as an expression of legislative judgment as to the extent—beyond the limitations of the general principles of respondeat superior and the ‘family-car doctrine’—to which the owner of a motor vehicle which he entrusts to another should be liable for the acts of the latter. . . . We have consistently construed the statute as imposing on one who rents or leases a motor vehicle to another the same liability as that of its operator, provided the vehicle, at the time in question, is being operated by one in lawful possession of it pursuant to the terms of the contract of rental. ” (Citations omitted; emphasis added; internal quotation marks omitted.) [269]*269Gionfriddo v. Avis Rent A Car System, Inc., 192 Conn. 280, 284, 472 A.2d 306 (1984); Fisher v. Hodge, 162 Conn. 363, 369, 294 A.2d 577 (1972); Graham v. Wilkins, 145 Conn. 34, 37, 138 A.2d 705 (1958); Farm Bureau Mutual Automobile Ins. Co. v. Kohn Bros. Tobacco Co., 141 Conn. 539, 542, 107 A.2d 406 (1954); Connelly v. Deconinck, 113 Conn. 237, 240, 155 A. 231 (1931); Levy v. Daniels’ U-Drive Auto Renting Co., 108 Conn. 333, 336, 143 A. 163 (1928); Marshall v. Fenton, 107 Conn. 728, 731, 142 A. 403 (1928).

In light of this long-standing interpretation of § 14-154a, we may readily dispose of the plaintiffs broad contention that the statute imposes unlimited liability on the lessor for any injury caused by any motor vehicle that it owns. If the plaintiff were correct, a lessor would be responsible for the tortious misconduct of a thief who stole a vehicle from the lessor’s parking lot. Indeed, any automobile dealer, if the dealership engaged in lease as well as in sales transactions, might be liable for tortious misconduct arising out of the theft of any car on its sales lot. Nothing in the language of the statute, its statutory history, or our prior case law, suggests that the statute extends that far. Our decision in Connelly v. Deconinck, supra, 113 Conn. 240, is directly to the contrary. At oral argument in this court, the plaintiff acknowledged that this argument is untenable.

We are equally unpersuaded that, even liberally construed, § 14-154a imposes unlimited liability on any lessor that voluntarily entrusts a motor vehicle to a lessee. In effect, the plaintiff argues that, under the statute, any voluntary entrusting confers upon the lessee the unconditional authority to permit any person of the lessee’s choice to drive the vehicle. As a consequence, according to the plaintiff, any voluntary entrusting imposes on the lessor the duty to pay damages for any [270]*270personal injuries caused by any person who drives the vehicle with the lessee’s consent.

The plaintiffs argument is necessarily predicated on the proposition that the lessee’s scope of authority and the lessor’s statutory liability are determined by the statute without regard to the terms of the lease agreement pursuant to which the voluntary entrusting occurred. There is no binding authority for that proposition. The statute does not, in its terms, preclude a lessor from imposing reasonable restrictions on the identity of those to whom it is willing to entrust its property and for whose conduct it is willing to assume risk. In the cases in which we have found a basis for enforcing statutory liability, the tortfeasor invariably has been found to have been a person who had possession of the vehicle in accordance with the lease agreement. Gionfriddo v. Avis Rent A Car System, Inc., supra, 192 Conn. 284; Fisher v. Hodge, supra, 162 Conn. 367-68;3 Graham v. Wilkins, supra, 145 Conn. 37-41; Farm Bureau Mutual Automobile Ins. Co. v. Kohn Bros. Tobacco Co., supra, 141 Conn. 541; Connelly v. Deconinck, supra, 113 Conn. 238-39; Levy v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Fojtik v. Hunter
828 A.2d 589 (Supreme Court of Connecticut, 2003)
Harp v. Randall, No. Cv 02-0463411 S (Mar. 27, 2003)
2003 Conn. Super. Ct. 4129 (Connecticut Superior Court, 2003)
Grossman v. Belville, No. Cv02-034 64 59 S (Mar. 3, 2003)
2003 Conn. Super. Ct. 2906 (Connecticut Superior Court, 2003)
Geiger v. Ortega, No. Cv 02 0067643 (Mar. 3, 2003)
2003 Conn. Super. Ct. 2944 (Connecticut Superior Court, 2003)
Dunbar v. Mutone, No. Cv00 037 70 51 S (Oct. 24, 2002)
2002 Conn. Super. Ct. 13373 (Connecticut Superior Court, 2002)
Baran v. Fojtik, No. Cv00-0502156s (Aug. 9, 2002)
2002 Conn. Super. Ct. 9953 (Connecticut Superior Court, 2002)
Ramsay v. Camrac, Inc.
801 A.2d 886 (Connecticut Appellate Court, 2002)
Kuchinski v. Curley Son, Inc., No. Cv01 038 55 46s (Mar. 22, 2002)
2002 Conn. Super. Ct. 4070 (Connecticut Superior Court, 2002)
Connecticut Dept. of E. P. v. Xtra Lease, No. Cv 00-0598293 (Jan. 11, 2002)
2002 Conn. Super. Ct. 557 (Connecticut Superior Court, 2002)
Pocock-Demers v. Moore, No. 554468 (Sep. 14, 2001) Ct Page 12819
2001 Conn. Super. Ct. 12818 (Connecticut Superior Court, 2001)
Schimmelpfennig v. Cutler
783 A.2d 1033 (Connecticut Appellate Court, 2001)
McManus v. Alexander, No. Cv99 0175396 S (Aug. 24, 2001)
2001 Conn. Super. Ct. 11542 (Connecticut Superior Court, 2001)
Orozco v. Groll, No. Cv-00-0499892-S (Jan. 29, 2001)
2001 Conn. Super. Ct. 1543 (Connecticut Superior Court, 2001)
Keitt v. Vw Credit, Inc., No. Cv98 035 75 27 S (Aug. 10, 2000)
2000 Conn. Super. Ct. 10405 (Connecticut Superior Court, 2000)
American Int. Pacific Ins. v. Danzer, No. Cv 990588483s (Jul. 31, 2000)
2000 Conn. Super. Ct. 9311 (Connecticut Superior Court, 2000)
Redding v. Budget Group, Inc., No. Cv 98-0583649s (Jun. 30, 2000)
2000 Conn. Super. Ct. 7852 (Connecticut Superior Court, 2000)
Walsh v. Young, No. Cv99-0267872s (May 19, 2000)
2000 Conn. Super. Ct. 6098 (Connecticut Superior Court, 2000)
Hughes v. Pagnozzi, No. Cv97 06 03 16 (Mar. 21, 2000)
2000 Conn. Super. Ct. 3022 (Connecticut Superior Court, 2000)
Young v. Kelly, No. Cv99-0429515s (Mar. 17, 2000)
2000 Conn. Super. Ct. 2980 (Connecticut Superior Court, 2000)
Missouri Rental & Leasing Inc. v. Walker
14 S.W.3d 638 (Missouri Court of Appeals, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
648 A.2d 873, 231 Conn. 265, 1994 Conn. LEXIS 366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pedevillano-v-bryon-conn-1994.