Blog > Greenberg & Stein > Bou v. Llamoza Decided on June 20, 2019

Bou v. Llamoza Decided on June 20, 2019

Greenberg & Stein, P.C. successfully represented Jannique Bou in the case of Bou v. Llamoza. This case settled an automobile accident involving plaintiff Bou, defendant Carlos Llamoza, and defendant-appellant Vault—the owner of the vehicle that allegedly struck Bou’s vehicle. 

Vault had moved to dismiss the complaint filed against them by Bou and the team at Greenberg & Stein based on the defense that they were immune to vicarious liability under the Graves Amendment. The Graves Amendment was added as part of a federal highway bill that was enacted into law in 2005. This amendment is meant to protect car rental companies from vicarious liability for any injuries caused by their customers using their rental cars, with the exception of when the company’s actions or negligence may have contributed to those accidents or injuries. 

Case Insights & Specifics

Ian Asch, a partner at Greenberg & Stein, provided counsel on behalf of Jannique Bou—and expertly handled this advanced case. Indeed, the primary responsibilities of Mr. Asch are complicated motion practice and appeals, and he has been recognized for his excellent work at both the Supreme Court level and in the Appellate Division of the State of New York. His expertise once again came into play in the case of Bou v. Llamoza.

The documentary evidence provided to the court failed to demonstrate that Vault was engaged in the business of either renting or leasing vehicles, as the defendants attempted to refute via the Graves Amendment. Furthermore, Vault tried to prove their role as renting vehicles by supplying a sworn affidavit of an employee of their affiliate Allied Financial Services. However, this too was deemed not to be considered documentary evidence—and the witness behind the testimony failed to demonstrate sufficient knowledge of the lease.

For all of these reasons, it was ultimately decided by the New York State Appellate Division that the documents and evidence submitted on behalf of Vault failed to provide a defense against the allegations brought forth by Bou and Greenberg & Stein that they were negligent in their ownership, supervision, and maintenance of the vehicle in question. This negligent conduct contributed to the automobile accident between Bou and Llamoza and the damages suffered as a result—entitling the plaintiff to compensation.

Greenberg & Stein: Your Personal Injury Ally

This case was by no means simple or straightforward, but Greenberg & Stein has a reputation for taking on and winning some of the most difficult personal injury cases in New York. We are proud of the work that Mr. Asch and the team did to achieve justice for our client Jannique Bou—and pleased to bring this complex case to a successful resolution.

We are known for getting results for our clients. In fact, one of our attorneys has even earned membership in the prestigious Multi-Million Dollar Advocates Forum®—a distinction that less than 1% of lawyers across the country receive. With credentials like these, our attorneys are exceptional legal allies for any personal injury case

Our team is dedicated to helping our clients from start to finish at Greenberg & Stein, whether that means taking your case to trial or going all the way through the appeals process. Every case is different and requires a personal touch, so don’t hesitate to reach out to find out what our legal team can do for you and your situation. 

If you have been injured and are considering a personal injury claim, then connect with us as soon as you can. The longer you wait, the harder it will be to win your case. You deserve to be paid back for the emotional, financial, and physical burdens you carry as a result of your accident. Call Greenberg & Stein today at 888-411-3966 to set up a free consultation.