GMR Wins New Jersey Non-Permissive Use MSJ

GMR Senior Counsel, Keith Bursack, won summary judgment in Bergen County, New Jersey. He defended an owner sued for negligently allowing his cousin’s wife to drive his car, which was involved in an accident. Although the cousin and his wife lived with the owner at the time of the accident, the owner knew that the cousin’s wife did not have a driver’s license and did not permit her to drive his car.

The plaintiffs’ counsel argued that there was permissive use and that it should be a jury question. The Court agreed with Keith and granted summary judgment, concluding there was no agency between the driver and owner.