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ZK Result: Attorneys Aaron Weiss and Jeffrey Ramaley Obtain Defense Win in Federal District Court

(Pittsburgh, PA) (April, 2016) The United States District Court for the Western District of Pennsylvania granted the motion to dismiss filed by Attorneys Aaron Weiss and Jeffrey Ramaley on behalf of a rental car company in a case where the Plaintiff alleged a number of injuries as the result of his handcuffing by the police after being initially pulled over for an expired registration.

 

His complaint asserted six counts against the Defendant rental car company, including negligence, breach of contract, fraud, and breach of warranties. On Tuesday, April 12, 2016, the Western District issued a Court Order and Memorandum Opinion granting Defendant’s Motion to Dismiss the case on all counts for failure to state a claim upon which relief could be granted.

 

The Court agreed with Defendant’s argument that driving an unregistered vehicle is a summary offense, which only subjects a driver to a small fine. An officer may conduct a traffic stop for such a violation, but he may not make an arrest. Thus, “there would have had to be some additional and unforeseeable reason for Plaintiff to be placed in handcuffs.”