By Joe Van Acker (July 14, 2015, 7:41 PM EDT) -- A California appellate court on Tuesday revived wrongful death claims against Hertz Equipment Rental Corp., finding that a jury received improper instructions and was incorrectly ordered to disregard expert testimony prior to reaching its verdict that Hertz wasn't liable for a man's death in a water truck he rented from the company.
The trial court that handed Hertz the victory shouldn't have instructed the jury to consider Marty Golston a "sophisticated user" based on the fact that he had taken some basic driving courses in a passenger van and should have told the jurors to consider the "ordinary consumer test," a...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!