Wakabayashi v. Hertz Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding in strict liability context that testimony of eyewitnesses provided sufficient evidence of defect to go to jury without any direct evidence, expert or otherwise, of any specific defect
• observing that the exercise of the trial court’s discretion regarding discovery matters “will not be disturbed in the absence of a clear abuse of discretion that results in substantial prejudice to a party”
• holding in strict liability context that testimony of eyewitnesses provided sufficient evidence of defect to go to jury without any direct evidence, expert or otherwise, of any specific defect
• observing that the exercise of the trial court’s discretion regarding discovery matters “will not be disturbed in the absence of a clear abuse of discretion that results in substantial prejudice to a party”
• allowing case to go to jury based on purely circumstantial evidence of defect where plaintiff presented evidence tending to negate plaintiff's actions as cause of accident
• allowing case to go to jury based on purely circumstantial evidence of defect where plaintiff presented evidence tending to negate plaintiffs actions as cause of accident

Source: CourtListener parenthetical corpus (CC0).