Cintrone v. Hertz Truck Leasing & Rental Service

*438The opinion of the court was delivered by

Francis, J.

Plaintiff Francisco Cintrone was injured while a passenger in a truck leased by his employer from the defendant. In his complaint in this action he charged that the accident in which he was injured resulted from defendant’s negligent inspection or maintenance of the leased vehicle or from a breach of defendant’s warranty that the vehicle was fit and safe for use. (Whether the alleged warranty was express or implied was not specified.) The trial court dismissed the warranty claim, and submitted the issues of defendant’s negligence and…