LEASING (GRAVES AMENDMENT) / 49 U.S. Code § 30106 that provides that the owner of a motor vehicle who leases such vehicle shall not be vicariously liable for harm that results from its use, operation or possession during the period of the lease – held: It preempts a Florida statute that imposes liability on a short-term lessor of a motor vehicle for the negligent acts of any person actually operating such leased vehicle.

Note that in its controversial decision in Vreeland v. Ferrer, 71 So. 3d 70, 73 (Fla. 2011), cert. denied, 132 S. Ct. 1557 (2012)[free copy available here], the Florida Supreme Court held that, “a state law claim brought against an aircraft lessor under Florida’s ‘dangerous instrumentality’ doctrine for the death of the leased aircraft’s passenger was not preempted by 42 U.S.C. §44112 because the passenger was killed while in the plane and not while on the ground beneath the plane”. Contemporaneous Smith, Gambrell & Russell LLP newsletter

Rosado v. DaimlerChrysler Financial Services Trust., SC09-390 Slip copy (Supreme Court of Florida, April 4, 2013). Free copy available here.