Filed 4/22/08 Von Arx v. Max Equipment Rental CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8. 1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8. 1115(b). Plaintiff Douglas Von Arx (Plaintiff) was injured in a workplace accident involving a trenching attachment (trencher) for a ride-upon trenching machine, manufactured by defendant Charles Machine Works, Inc. (Charles), and rented to his employer by Max Equipment Rental, LLC (Max). The rental contract stated that the customer acknowledged examining the equipment upon delivery, and usage of it would constitute acknowledgment that the equipment was in good mechanical condition at the time. Max is in the business of renting construction equipment, and rented this trencher to Western on August 18, 2003. Plaintiff had conducted safety meetings about using the equipment and had checked the equipment for loose bolts or nuts and would normally tighten them.

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