FORT LAUDERDALE HUB - QPWB attorneys Bryan Dyer and Jenna Jurado recently obtained a significant victory for a defendant auto dealership in a complex case involving a dangerous instrumentality claim, adding another success to the firm's impressive track record.

Overview of the Case
The case stemmed from a motor vehicle accident where a customer was driving a “loaner” vehicle provided by the dealership while their own vehicle was undergoing maintenance. The plaintiff alleged that the dealership was liable under the doctrine of dangerous instrumentality and sought $7 million in damages. However, through skillful legal maneuvering and persistent advocacy, QPWB attorneys Dyer and Jurado secured a summary judgment victory, completely dismissing the case and awarding no damages to the plaintiff.

Key Difference-Makers

• Bryan Dyer - Partner
• Jenna Jurado - Associate Attorney

Claims Made Against Our Client
The plaintiff alleged that the auto dealership was liable under the doctrine of dangerous instrumentality for the accident that occurred while a customer was driving what Plaintiff alleged to be a “loaner” vehicle, which QPWB contended was a leased vehicle purchased for valid consideration. Plaintiff argued that the dealership was not entitled to immunity under the Graves Amendment because they did not charge a rental fee for the “loaner” vehicle, thus not falling under the exception to liability for businesses that regularly rent or lease vehicles. Furthermore, Plaintiff contended that a 5th DCA case supported their position that a “loaner” vehicle does not qualify as a leased vehicle for Graves Amendment purposes.

Defense Strategy
Dyer and Jurado countered the plaintiff's argument by navigating a complex legal landscape. Initially, the defense team moved to dismiss the case on Graves Amendment grounds, and later moved for summary judgment. However, both motions were initially denied. Undeterred, and after nearly proceeding to trial, QPWB moved again for summary judgment in the complex litigation unit. In a subsequent hearing, Dyer presented arguments for immunity for the dealership under both the Graves Amendment and Florida Statute 324.021 – arguments which had been previously denied. This time, however, the judge granted the Motion for Summary Judgment, citing, among other laws, an 11th Circuit federal case (Thayer v. Randy Marion) which supported granting the relief, despite the 5th DCA's ruling in Romero v. Fields that a “loaner” vehicle does not qualify as a leased vehicle for Graves Amendment purposes.

Impact on Final Outcome
Despite facing an unwavering demand of $7 million from the plaintiff and initial setbacks, the defense team’s persistence and strategic maneuvering led to a successful Motion for Summary Judgment. The plaintiff would not consider taking any less than $7 million to settle, further highlighting the significance of the summary judgment victory. The judge granted the motion and dismissed the case, awarding no damages to the plaintiff.

Predicting the Future
This victory underscores QPWB's commitment to providing exceptional legal representation and achieving optimal results for its clients. Dyer's ability to navigate a complex legal landscape, citing Florida trial court rulings, Florida appellate rulings, and federal court rulings to assert the dealership's immunity under both the federal Graves Act and Florida Statutes, demonstrates the firm's depth of legal expertise. This strategic approach not only secured a favorable outcome for the client in this case but also sets a significant precedent, strengthening the firm's capabilities in defending similar cases and reinforcing its position as a leader in legal defense.

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About QPWB
Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation. QPWB serves a diverse range of industries with over 100 areas of practice, providing expert representation for businesses and their leaders in litigation, regulatory, and corporate matters.