Golston

INTRODUCTION

This is a product liability case in which plaintiffs Tawana Golston, Jamichael

Weathers and Jacari Golston (collectively, plaintiffs) contend Hertz Equipment Rental

Corporation (Hertz) provided a defectively designed water truck without adequate

warnings to the employer of their husband and father, Marty Golston (Golston), and the

truck caused Golston's death while he transported water for his employer on a highway

from one job site to another job site. When Golston made a left turn, the water in the

truck's tank sloshed to the right, the center of mass shifted, and the truck rolled 360

degrees. The roof of the truck's cab crushed during the roll and Golston suffered head

and neck injuries, which resulted in his death. Appealing the judgment on a jury verdict,

the plaintiffs contend: (1) the trial court erred in failing to instruct the jury regarding the

consumer expectation theory of the design defect claim, (2) the trial court erred in

instructing the jury regarding the sophisticated user defense to the failure to warn claim,

and (3) the trial court erred in striking the testimony of their expert who testified

regarding his testing of a…