SMITH v. JOHNSON

No. 1 CA-CV 93-0330.

183 Ariz. 38 (1995)

899 P.2d 199

Carole A. SMITH, a married woman, Plaintiff-Appellant, v. Lee Finley JOHNSON and Betty Lou Johnson, husband and wife, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department A.

As Corrected July 21, 1995.


Attorney(s) appearing for the Case

David Brnilovich, Phoenix, for plaintiff-appellant.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Lisa M. Sommer and Christopher Robbins, Phoenix, for defendants-appellees.


OPINION

WEISBERG, Judge.

This is an automobile accident case in which Carole A. Smith ("plaintiff") appeals from the denial of her motion for new trial following a judgment on a jury verdict for Lee Finley Johnson ("defendant"). In concluding that plaintiff should have been granted a new trial, we hold that a driver's duty to comply with a safety statute, Ariz. Rev. Stat. Ann. ("A.R.S.") section 28-772, is non-delegable and therefore a driver cannot be absolved...

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