Samuels v. Hertz Truck Rental, Inc.

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of Supreme Court, Kings County, entered February 14, 1973, in favor of defendant, upon the trial court’s dismissal of the complaint after plaintiff’s opening statement and offer of proof, upon a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The appeal presented no questions of fact. A question of fact exists as to whether the driver of the rental vehicle had implied permission from his employer and from the defendant rental agency to be…