George v. Hertz Rent-A-Car

MEMORANDUM OPINION

Plaintiffs allege that on May 3, 1976, they rented a 1976 Ford Pinto from the defendant and that on or about May 4, 1976 while driving the rented automobile around a corner, the car suddenly went out of control, causing injury to the plaintiffs. Plaintiffs allege that the cause of the accident was the tires which were completely smooth and that the smooth tires rendered the automobile unsafe to drive. In Count I of their complaint, plaintiffs allege a breach by defendant of the warranty that the automobile was safe for the ordinary purpose for which it was intended. In Count…