Austin Attorneys Obtain Summary Judgments for Auto Leasing Company, Dealership

Unauthorized Use of Company Car

The case began after a multi-vehicle accident caused three collisions, one of which was a vehicle owned by our client, an auto leasing company who leases vehicles for short-term use at construction sites by foremen and superintendents.  When the vehicles were not leased, they were stored at an auto dealership in Humble, Texas. However, one of the dealership’s employees took the client’s vehicle without permission off the lot and to his home. Additionally, the employee fled the scene of the accident without giving his name or informing the Defendants of his actions.

The Thompson Coe team was added to the case after the Plaintiff obtained a default judgment against the leasing company, which was subsequently set aside. After the default judgment was set aside, the Defendant identified for the court the dealership where the vehicle was stored and the employee who took the vehicle without permission.  Both the employee and dealership were added to the case, but after the expiration of the statute of limitations.

Defendant argued, as to the auto leasing company, that the operator of the vehicle (who was the dealership employee) was not under its control and the leasing company was therefore not liable. The court agreed and granted the summary judgment.

Defendant also argued, as to the auto dealership, that the lawsuit was barred by the statute of limitations and that the employee was not in the course or scope of employment at the time of the accident. The court agreed and granted the summary judgment.