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Josefiak and Kawalec Successful in Motion Dismissing Action against Client

Buffalo, NY — In the matter of Wrozs v. Haskell, et. al, the plaintiff allegedly suffered injuries as a result of an accident involving a Utility Terrain Vehicle, commonly referred to as a UTV. Our client, Cassie McGrath, was sued by the plaintiff along with six other defendants. Ms. McGrath was a passenger on the UTV with the plaintiff at the time of the accident. She borrowed the UTV from a friend and allowed another friend to operate the UTV at the time of the accident.

The plaintiff alleged that defendant McGrath provided permission to the operator and was also negligent in the ownership and operation of the UTV as well as maintenance of the premises where the accident occurred. We moved to dismiss on the basis that there was no viable claim against our client since she was a mere passenger on the UTV at the time of the accident and had no responsibility for the premises where the accident occurred.   

Plaintiff opposed the motion insisting that there was a claim against Ms. McGrath for the negligent entrustment of the UTV to the operator.  The Court found that there was no viable cause of action in the Summons and Complaint against Ms. McGrath and dismissed the action against her.

The motion papers were authored by Rebecca R. Josefiak and Thomas P. Kawalec. Ms. Josefiak argued the motion.

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