Miller et al v. Mehdi et al

Filing 14

ORDER granting 4 Motion to dismiss. Signed by Judge Gregory A. Presnell on 4/12/2012. (ED)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
LEE MILLER AND RITA MILLER,
Plaintiff,
-vs-

Case No. 6:12-cv-339-Orl-31GJK

SIRAJ/SJRAAJ MEHDI; BUDGET RENT
A CAR SYSTEM, INC.; and PV HOLDING
CORP.,
Defendants.
_____________________________________/

ORDER
This cause came on for consideration without oral argument on a Motion to Dismiss (Doc. 4)
filed by Defendants Budget Rent a Car System, Inc. (“Budget”) and PV Holding Corp. (“PV
Holding”). On March 13, 2012, Plaintiffs were ordered to respond to said Motion by no later than
March 27, 2012. The Court cautioned that “[f]ailure to respond may result in the motion being granted
without further notice.” (Doc. 11). Plaintiffs have failed to respond, and upon review, the Motion is
meritorious.
This case arises out of an automobile accident between Plaintiffs and Defendant Siraj/Sjraaj
Mehdi who was driving a rental car owned by Budget and PV Holding. Plaintiffs’ claims against
Budget and PV Holding are based solely on vicarious liability; however such claims are barred by 49
U.S.C. § 30106 absent “negligence or criminal wrongdoing on the part of the owner.” See Vargas v.
Enterprise Leasing Co., 60 So. 3d 1037, 1043 (Fla. 2011). No such negligence or criminal wrongdoing
is alleged.

Accordingly , it is ORDERED that Defendants’ Motion to Dismiss (Doc. 4) is GRANTED.
Plaintiffs’ claims against Defendants Budget and PV Holding are DISMISSED.
DONE and ORDERED in Chambers, Orlando, Florida on April 12, 2012.

Copies furnished to:
Counsel of Record
Unrepresented Party

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