Preview:

ABEL et al v. KIRBARAN et al Doc. 21
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JAMES E. ABEL, et al.  : :  CIVIL ACTION  
v.  :  
:  
DOODAUTH A. KIRBARAN, et al.  :  NO. 05-1560  

MEMORANDUM

Bartle, C.J. May 11, 2006

Plaintiff James E. Abel ("Abel") has sued defendants
Doodauth A. Kirbaran ("Kirbaran"), Mitchell Ross ("Ross") and MR
Cars, Inc. ("MR Cars") in this diversity action for personal
injuries arising out of an automobile accident. Before the court
is the motion of defendants Ross and MR Cars for summary
judgment.

On April 7, 2003, Abel and Kirbaran were involved in an
automobile accident on Interstate 95 in Philadelphia. In
addition to suing Kirbaran for negligence and loss of consortium,
Abel and his wife, Mary Beth Abel, seek to hold defendants Ross
and MR Cars vicariously liable for the actions of Kirbaran as the
owners of the vehicle Kirbaran was driving. Under Rule 56(c) of
the Federal Rules of Civil Procedure, we may grant summary
judgment only if there is no genuine issue as to any material
fact and the moving party is entitled to judgment as a matter of
law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986).

Dockets.Justia.com
It is undisputed that Ross is an owner and corporate
officer of MR Cars, a company engaged in the business of selling
used cars. The company purchases used cars primarily from dealer
owned outlet auctions and has them transported to its lot in
Tennessee where they are held for resale. Sometime prior to
April 7, 2003 Ross purchased, on behalf of MR Cars, a 1992 Dodge
Caravan through the internet from an auto auction in Maryland.
He hired an individual, Francisco Belez, to drive the van from
Maryland to New York so it could be shipped to Tennessee.

At the time of the accident with Abel, Kirbaran was
driving the van. Ross did not know Kirbaran. He did not give
Belez authority to allow anyone else to drive the van, and there
is no evidence that any other representative of MR Cars granted
Belez such authority. It is unknown how Kirbaran came into
possession of the vehicle, for neither he nor Belez can now be
located.

Ross seeks dismissal as a defendant for lack of
personal jurisdiction. Pennsylvania's long-arm statute
authorizes Pennsylvania courts to exercise personal jurisdiction
to the "fullest extent allowed under the Constitution of the
United States." 42 PA. CONS. STAT. ANN.

Download 44306.pdf

Pennsylvania Law