Vasconcelos v. Turner
CourtSuperior Court of Delaware
Date FiledOctober 27, 2026
DocketN26C-07-031 SSA
StatusPublished
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Full Opinion
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
SILVIO VASCONCELOS as )
ADMINISTRATOR OF THE )
ESTATE OF MARINA )
VASCONCELOS, SILVIO )
VASCONCELOS, individually, ) C.A. No. N26C-07-031 SSA
CARMELLA VASCONCELOS, )
individually, and AUDREY ) C.A. No. N26C-07-023 MAA
COLLINS, individually. )
)
Plaintiffs, )
)
v. )
)
GORDON LEE TURNER, )
et. al., )
Defendants.
Submitted: October 20, 2026
Decided: October 27, 2026
On U-Haul Defendants’ Motion to Dismiss: Denied
The Court must determine whether Federal law requires dismissal of claims
against U-Haul Co. of Delaware, Inc., and U-Haul International, Inc. (collectively
“U-Haul Defendants”) or if the Amended Complaints1 allege direct negligence
sufficient to fall within the statutory exception. The Court finds each Amended
Complaint sufficiently alleges direct negligence to fall within the exception.
Therefore, the Motions to Dismiss are Denied.
1
N26C-07-023 is consolidated with this case for pretrial matters and discovery.
Facts, as Alleged in Each Amended Complaint
Vasconcelos Plaintiffs’ Amended Complaint
On March 17, 2025, Defendant Turner rented a U-Haul truck for a 1.5 hour
period using stolen identification.2 The truck was not returned. It was reported
stolen on April 28, 2025. 3 The day after it was reported stolen, it is alleged
Defendant Turner drove the U-Haul in a negligent and/or reckless manner and struck
Ms. Vasconcelos, causing her death. 4
The Amended Complaint alleges Defendant Turner was “[a]t all times
relevant” operating a vehicle owned by U-Haul Defendants.5 Vasconcelos Plaintiffs
allege nothing was done, at the time of the rental, to verify Defendant Turner’s
identity despite U-Haul Defendants “own policies and procedures.”6 Specifically,
Vasconcelos Plaintiffs allege U-Haul Defendants’ own policies require verification
and a second form of identification.7 The Amended Complaint alleges Defendant
Turner’s true information was within the U-Haul computer system but was not
checked when he was permitted to rent the vehicle with stolen identification. 8 The
Amended Complaint alleges Defendant Turner had been denied rental from U-Haul
2
Pl. Vasconcelos’s Amended Compl., D.I. 16, at ¶ 7.
3
Id. at ¶ 14.
4
Id. at ¶ 15.
5
Id. at ¶ 32.
6
Id. at ¶¶ 11, 23, 35.
7
D.I. 16, at ¶ 11.
8
Id. at ¶ 36.
Defendants on a prior occasion.9 Finally, the Vasconcelos Plaintiffs aver negligence
on the part of U-Haul Defendants, asserting they failed to track and secure the rental
and failed to report the rental as stolen in a timely fashion.10
Collins’ Amended Complaint
This Amended Complaint also alleges Defendant Turner presented stolen
identification to secure this rental.11 Plaintiff Collins alleges that “[a] query of M&M
Newark, Inc. and/or U-Haul’s internal customer database at the time of the
transaction would have immediately revealed that the telephone number and e-mail
address provided were linked directly to [Defendant Turner]…” 12 Plaintiff Collins
alleges “[d]espite possessing active system records flagging Defendant Turner as an
ineligible, blocked, or high-risk customer….U-Haul completely failed to cross-
reference its own system, failed to flag the transaction, and failed to verify that the
physical appearance of the renter did not match the photograph on the stolen driver’s
license.”13 Like the Vasconcelos Amended Complaint, the Collins Complaint
asserts U-Haul Defendants refused to rent to Defendant Turner previously. 14
The Amended Complaint of Plaintiff Collins alleges Defendant Turner was a
wanted fugitive for felony charges, including fleeing from police and crashing into
9
Id. at ¶ 13.
10
Id. at ¶ 42.
11
Pl. Collins’s Amended Compl., D.I. 9, at ¶¶ 8, 35, 47.
12
Id. at ¶ 10.
13
Id. at ¶ 12.
14
Id. at ¶ 11.
a patrol car.15 It asserts Defendant Turner’s license was suspended.16 Plaintiff
Collins asserts this information was “readily available in public records and national
databases” yet “M&M Newark, Inc. and/or U-Haul individually, collectively, jointly
and/or severally negligently entrusted a 2.5-ton commercial van to an unvetted
renter.”17
This Amended Complaint also alleges two forms of valid identification are
required to rent a U-Haul vehicle. 18 It alleges violations of U-Haul’s own policies,
procedures and industry standards. 19 Plaintiff Collins asserts U-Haul Defendants
“failed to properly implement, monitor and/or modify its systems to prevent dealers,
agents, servants and/or employees from renting vehicles to prohibited persons.”20
This Amended Complaint alleges negligence for failure to utilize available
technology and “reasonable fleet management and loss prevention procedures
concerning an overdue rental vehicle.”21 It further alleges negligent failure to
“conduct reasonable audits, compliance reviews, or supervisory oversight to ensure
adherence to U-Haul’s rental and identity verification policies.” 22
15
Id. at ¶ 16.
16
D.I. 9, at ¶ 18.
17
Id. at ¶ 19.
18
Id. at ¶¶ 14, 34, 36, 46, 48.
19
Id. at ¶ 52.
20
Id. at ¶ 50.
21
D.I. 9, at ¶ 55.
22
Id.
U-Haul Defendants’ Motions to Dismiss
U-Haul Defendants have moved to dismiss pursuant to Superior Court Civil
Rule 12(b)(6). U-Haul Defendants argue the claims asserted against them are based
only on a theory of vicarious liability. 23 Further, they argue “unsupported claims of
independent negligence are nothing more than attempts to skirt the federal
preemption of liability against owner/lessors without any factual teeth.”24
Legal Standards
Motion to Dismiss
Pursuant to Rule 12(b)(6), the Court reviews the Complaint for “any
reasonably conceivable set of circumstances, susceptible of proof, upon which a
plaintiff may recover.” 25 It “accept[s] all well-pleaded factual allegations in the
Complaint as true [and] … draw[s] all reasonable inferences in the plaintiff’s
favor….”26 “A complaint is sufficient so long as [a] short and plain statement gives
23
This argument is found within the Motion to Dismiss filed in each case (N26C-07-023, N26C-
07-031) at ¶ 6. Comparison reveals the authorities and argument advanced by U-Haul
Defendants in each Motion to Dismiss is nearly identical.
24
See Def.’s Mot. to Dismiss, D.I. 35, at ¶ 13 (N26C-07-031). See also Def.’s Mot. to Dismiss,
D.I. 29, at ¶ 13 (N26C-07-023).
25
Boissonneault v. Del. Podiatric Med., P.A., 2024 WL 5055538, at *2 (Del. Super.) citing
Vinton v. Grayson, 189 A.3d 695, 700 (Del. Super. 2018).
26
CLP Toxicology, Inc. v. Casla Bio Holdings LLC, 2020 WL 3564622, at *9 (Del. Ch.) citing
Cent. Mortg. Co. v. Morgan Stanley Mortg. Cap. Holdings LLC, 27 A.3d 531, 536 (Del. 2011).
Defendant fair notice of the claim.”27 Factual disputes are out of bounds.28 “The
complaint generally defines the universe of facts that the trial court may consider in
ruling on a Rule 12(b)(6) motion to dismiss.” 29
Graves Amendment
“A valid federal statute preempts any state law with which it actually
conflicts.”30 49 U.S.C. § 30106(a)(2), also referred to as the Graves Amendment,
provides:
An owner of a motor vehicle that rents or leases the vehicle to a person
(or an affiliate of the owner) shall not be liable under the law of any
State or political subdivision thereof, by reasons of being the owner of
the vehicle (or an affiliate of the owner), for harm to persons or property
that results or arises out of the use, operation, or possession of the
vehicle during the period of the rental or lease, if—there is no
negligence or criminal wrongdoing on the part of the owner (or an
affiliate of the owner).
The purpose of this statute is “to protect the vehicle rental and leasing industry
against claims for vicarious liability where the leasing or rental company’s only
relation to the claim was that it was the technical owner of the car.” 31 In upholding
27
Boissonneault, 2024 WL 5055538, at *3 citing VLIW Tech., LLC v. Hewlett-Packard Co., 840
A.2d 606, 611 (Del. 2003). That statement “is to be liberally construed.” VLIW Tech., LLC, 840
A.2d at 611 (citations omitted).
28
Id. (citations omitted). The rationale is that “[b]ecause a motion to dismiss … must be decided
without the benefit of a factual record,” at this stage “the court is required to assume as true the
well-pleaded allegations in the complaint.” Malpiede v. Townson, 780 A.2d 1075, 1082 (Del.
2001) (citations omitted).
29
Murray v. Mason, 244 A.3d 187, 192 (Del. Super. 2020) (citation omitted) quoting In re Gen.
Motors (Hughes) S’holder Litig., 897 A.2d 162, 169 (Del. 2006).
30
Garcia v. Vanguard Car Rental USA, Inc., 540 F.3d 1242, 1245 (11th Cir. 2008).
31
Rein v. CAB East LLC, 2009 WL 1748905 *2 (S.D.N.Y. 2009).
the decision to grant summary judgment in favor of rental car companies, the 11th
Circuit began by noting the rental car companies “were not negligent or otherwise
at fault” in leasing a car to an alleged tortfeasor.32 A complaint that alleges only
vicarious liability on behalf of the owner of the rental vehicle is insufficient under
the Graves Amendment.33 But, “[t]heories of direct liability do not fall within its
ambit.”34
This Court has previously considered whether the Graves Amendment bars
suit against an owner. 35 Blades involved a similar issue insofar as the owner asserted
the Complaint should be dismissed, arguing it asserted vicarious liability claims
only. This Court did not agree, finding the lease terms placed the responsibility of
vehicle maintenance on the owner, and the Complaint alleged negligence through
the provision of a defective vehicle—which is factually distinct from this matter.
The Court also found the Complaint adequately pled direct negligence on the part of
the owner through a theory of negligent entrustment.36
32
Garcia v. Vanguard Car Rental USA, Inc., 540 F.3d 1242, 1245 (11th Cir. 2008).
33
Kersey v. Hirano, 2009 WL 2151845 *2-3 (D. Md. 2009).
34
Fuller v. Biggs, 532 F.Supp.3d 371, 380 (N.D. Texas 2021).
35
Blades v. Rosson, 2025 WL 3719844 (Del. Super. 2025).
36
Id. See also Enari v. Davranov, 2026 WL 1265749 *7 (M.D. Pa) citing Knecht v. Balanescu,
2017 WL 4573796 *11 (M.D. Pa. 2017). Hallums v. Infinity Insurance Co., 309 F.Supp. 1333,
1340-1 (S.D. Fl. 2018) (collecting cases).
Analysis
If not already clear by the recitation of facts, the Complaints are different.
Based on the allegations of both, the U-Haul Defendants fall under the framework
of the Graves Amendment, as they are alleged to be owners of the rented truck in
this case. The question is whether the allegations in this case allege negligence on
the part of U-Haul. The Court will analyze each Complaint separately under the
applicable legal standards.
The Court finds it significant that the Vasconcelos Plaintiffs allege U-Haul
had previously refused rental to Defendant Turner as it relates to a theory of
negligent entrustment. Additionally, the allegation that U-Haul Defendants failed to
enforce their own policies and procedures further supports a negligent entrustment
theory. Further, the Court finds direct negligence is pled by the Vasconcelos
Plaintiffs in their allegations that U-Haul failed to track and secure their rental.
Plaintiff Collins’ Amended Complaint alleges the same base facts as the
Vasconcelos Plaintiffs and goes further. Specifically, Plaintiff Collins alleges
information related to Defendant Turner’s background, including his suspended
license and fugitive warrants for fleeing from police and crashing into a police car,
was readily available to U-Haul Defendants. These allegations relate to negligent
entrustment, which this Court (and others), have found to be a theory of direct
negligence falling within the statutory exception of the Graves Amendment. There
are also allegations of direct negligence within Collins’ Amended Complaint
evidenced by assertions that the U-Haul Defendants failed to implement adequate
policies, safeguards and/or technology to detect fraud and theft of their fleet. The
Court disagrees with U-Haul Defendants position that both Complaints are based
solely on a theory of vicarious liability.
The purpose of the Graves Amendment is to protect against suits for vicarious
liability where the only link to the defendant is technical ownership. But the law
contains a specific carveout for direct negligence. In contrast to Garcia, here the
Amended Complaints allege negligence on behalf of the U-Haul Defendants in
renting the vehicle to Defendant Turner, advancing a theory of negligent
entrustment.37
U-Haul Defendants argue their co-defendant, M&M, bore responsibility to
verify Defendant Turner’s identification and handle the rental process as it relates to
negligent entrustment. This Court cannot resolve that question at this time. U-Haul
Defendants’ Motions to Dismiss are DENIED.
IT IS SO ORDERED.
/s/Sonia Augusthy
Judge Sonia Augusthy
37
Garcia v. Vanguard Car Rental USA, Inc., 540 F.3d 1242, 1245 (11th Cir. 2008).