Snaras v. Richard Lundgren, a recent summary decision from the Massachusetts Court of Appeals involves a wrongful death claim that was dismissed after a motion for summary judgment was allowed in favor of the defendant.
In this case, defendant gave a loaner vehicle to a person who was having his car serviced. When he got the loaner vehicle, he signed an agreement that said he was not an agent of the defendant, and was not an employee or servant of the defendant in anyway. He also agreed that while driving the service loaner vehicle he would not carry more than five passengers and would comply with all local, state, and federal laws. He agreed that he shall be responsible for any violations, and not the defendant. This particular agreement was signed by the defendant, but it was not ever signed by this third party who borrowed the loaner vehicle. Continue reading