Law360, New York (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...
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