THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS HELD THAT GRAVES AMENDMENT PREEMPTS FLORIDA’S STRICT VIC
Press Release/ Fort Lauderdale, FL, August 26, 2008 – Luks, Santaniello, Perez, Petrillo & Gold Law Firm is pleased to announce that the Eleventh Circuit U.S. Court of Appeals has affirmed Judge Hodges' decision in Garcia, holding that the Graves Amendment preempts Florida's Strict Vicarious Liability scheme with regard to short-term rental-vehicle companies. The Eleventh Circuit's opinion confirms that because of the Graves Amendment, a short term lessor faces no liability in Florida for injuries that arise out of the use of its leased vehicles while the vehicles were on short-term lease to others and where there was no independent fault on the part of the short-term lessor. The Eleventh Circuit rejected the Plaintiffs' argument that Florida's limited-vicarious-liability scheme, contained in Section 324.021(9)(b)(2), falls under the preemptive exceptions of the Graves Amendment.
It is possible that the Supreme Court will grant certiorari and, therefore, will review the opinion. Congratulations are due to Dan Santaniello, Paul Jones and James Waczewski of Luks & Santaniello LLC, who handled the case before Judge Hodges and participated in the appeal before the Eleventh Circuit. Garcia v. Vanguard was the first case in Florida at the federal level to address preemption of Florida’s Dangerous Instrumentality Doctrine. The case was initially filed as a declaratory action by Daniel Santaniello, Managing Partner, Paul Jones, Orlando Managing Partner, and James Waczewski, Tallahassee Managing Attorney. The case culminated in the opinion reported at Garcia v. Vanguard Car Rental USA, Inc., 510 F.Supp.2d 821 (M.D. Fla. 2007). The landmark case of Garcia v. Vanguard Car Rental USA, Inc., 510 F.Supp.2d 821 (M.D. Fla. 2007), has had wide-spread implications and acceptance, not only in Florida, but all across the nation.
The Eleventh Circuit decided that its opinion should be published. It is anticipated that the opinion will be cited nationally. The opinion is binding in all Federal Courts in Florida, and also gives further support to the two opinions by the Third District Court of Appeal, State of Florida, that reached the same conclusion and relied upon Judge Hodges' order in Garcia and that are binding on all trial courts in the State of Florida.
There are still numerous cases pending in other Florida District Courts of Appeal concerning the same issue. The Eleventh Circuit's opinion affirming Judge Hodges' order, as well as the Third District opinions adopting Judge Hodges' reasoning and ruling, will serve as very persuasive authority to those other Florida appellate Courts presently considering the same issue.
About Luks, Santaniello, Perez, Petrillo & Gold Luks, Santaniello, Perez, Petrillo & Gold is a Corporate, Professional and Insurance Defense Litigation firm handling Liability and Workers’ Compensation matters out of 7 strategic offices in Boca Raton, Fort Lauderdale, Miami, Orlando, Tampa, Jacksonville and Tallahassee. We bring 20 years of trial litigation experience trying at least 25 Jury Trials annually with over 100 Jury Verdicts in Florida State & Federal Courts and over 100 cases published in the Florida Jury Verdict Reporter. The firm has core competencies in the areas of Vehicle Injuries, General Liability, Wrongful Death, Premises Liability, Negligent Security, Product Liability, Construction Litigation, Professional & Medical Liability, Labor & Employment Law, Federal Practice, Insurance Law & Coverage, Health, Life & Disability Law, Environmental Law and Workers’ Compensation. The firm represents clients from a cross section of industries including Transportation & Public Utilities, Construction, Manufacturing, Finance, Insurance, & Real Estate, Wholesale Trade, Retail Trade, Services and Public Administration. Daniel J. Santaniello, Managing Partner and Paul S. Jones, Orlando Managing Partner are Board Certified Civil Trial specialists by The Florida Bar. James P. Waczewski, Esq. is the Tallahassee Managing Attorney.
For further information or assistance with the firm, please contact Maria Donnelly, Client Relations direct at 954.847.2959 or by e-mail, This email address is being protected from spambots. You need JavaScript enabled to view it..
