Martin v. Hertz Corp.

Plaintiff brought a single-count negligence action against defendant. The court granted defendant’s motion for summary judgment finding plaintiff guilty of contributory negligence as a matter of law. Plaintiff appeals.

The determinative issue raised on appeal is whether the trial court erred in granting defendant’s motion for summary judgment on the basis that plaintiff was contributorily negligent as a matter of law.

Plaintiff filed a complaint naming as defendants The Hertz Corporation (Hertz) and U.S. Steel Supply Division. The complaint alleged in pertinent part that on February 2, 1977,…