Stanley Murdza v. D.L. Peterson Trust, Brown & Williamson Tobacco Corporation and Phh Fleet America Corporation, and Robert Zimmerman

LEVAL, Circuit Judge.-

Plaintiff Stanley Murdza appeals from the grant of summary judgment by the United States District Court for the Western District of New York (John T. Elfvin, Judge). The complaint alleged that plaintiff was injured when he was struck by a van. The van was being driven by the defendant Robert Zimmerman; it was under lease to defendant Brown & Williamson Tobacco Corporation (“B & W”), the employer of Zimmerman’s girlfriend Margaret Scicchitano, which had entrusted the van to her; the owners of the van were defendants D.L. Peterson Trust (“the Trust”) and PHH Fleet America…