Eisner v. Hertz Corp.

The United States Court of Appeals for the First Circuit has certified two questions to us pursuant to our S.J.C. Rule 3:21, 359 Mass. 790 (1971). The court’s accompanying statement of facts establishes the setting in which the questions arose. Robert H. Eisner (employee) was injured on July 11,1972, during the course of his employment as a truck driver for the Roston Record American, a division of the Hearst Corporation (employer). The injuries caused his death on July 17, 1972. He left a widow, Margaret, a dependent minor child, and three children over eighteen at the time of the injury.

The…