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HERTZ CORP. v. ZURICH AMERICAN INS. CO.

Civil Action No. 2:06cv215.

496 F.Supp.2d 668 (2007)

HERTZ CORPORATION, and Hertz Equipment Rental Corporation, Declaratory Plaintiffs, v. ZURICH AMERICAN INSURANCE COMPANY, and Hartman Walsh Painting Company, Declaratory Defendants.

United States District Court, E.D. Virginia, Norfolk Division.

July 17, 2007.

Attorney(s) appearing for the Case

Gary J. Brascetta, Esquire, Edelstein & Diamond LLP, Philadelphia, PA, Paul L. Warren, Esquire, Warren & Associates PLC, Norfolk, VA, for The Hertz Corporation and Hertz Equipment Rental Corporation.

Mary T. Morgan, Albaugh Pfund & Messersmith PC, Norfolk, VA, for Zurich American Insurance Company and Hartman Walsh Painting Company.

OPINION AND FINAL ORDER

KELLEY, District Judge.

On March 1, 2003, William Linnin — an employee of defendant Hartman Walsh Painting Company ("Hartman Walsh") — died in an industrial accident while operating a 110' Boom Lift (the "110' Lift") rented from plaintiff Hertz Equipment Rental Corp. ("HERO"). When Mr. Linnin's survivors brought a wrongful death action against HERC1 in the Circuit Court of the City...

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