Ford v. Hertz Corp.
Defendant Kristi Michelle McGowan used the navigation system in a car she had rented from defendant The Hertz Corporation, as she drove to a business meeting. She failed to stop at a red light and her car collided with a car driven by plaintiff Trent J. Ford. He sued McGowan, her employer, defendant Morgan Stanley & Co. Incorporated (Morgan Stanley), The Hertz Corporation, and defendant Hertz Claims Management Corporation for damages he alleged he suffered as a result of the accident. (We refer to The Hertz Corporation and Hertz Claims Management Corporation collectively as the Hertz defendants.)
Plaintiff's first amended complaint asserted, inter alia, the Hertz defendants were negligent and strictly liable to plaintiff for his damages because the navigation system McGowan used did not automatically become disabled upon the motion of the rental car and the Hertz defendants failed to warn McGowan that her use of the navigation system, while driving, might result in her causing a traffic accident. The trial court sustained the Hertz defendants' demurrer to those claims without leave to amend.
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