CARUTH v. MARIANI

No. 2 CA-CIV 633.

10 Ariz. App. 277 (1969)

458 P.2d 371

Clifton W. CARUTH and Mary E. Caruth, husband and wife, Appellants, v. John MARIANI and Rosetta Mariani, husband and wife; Young Buick Company, an Arizona corporation; and General Motors Corporation, a Delaware corporation, Appellees.

Court of Appeals of Arizona. Division 2.

September 4, 1969.


Attorney(s) appearing for the Case

Holesapple, Conner, Jones, McFall & Johnson, by Blair D. Benjamin, Tucson, for appellants.

Chandler, Tullar, Udall & Richmond, by James L. Richmond, Tucson, for appellees Mariani.

Murphy & Vinson, by John U. Vinson, Tucson, for appellee Young Buick Co.

Lesher, Scruggs, Rucker, Kimble & Lindamood, by William Kimble, Tucson, for appellee General Motors Corp.


MOLLOY, Chief Judge.

This is an appeal from judgment entered on verdicts directed by the trial court against the plaintiffs and in favor of all three defendants to an action brought by plaintiffs for injuries received when the plaintiffs' car was struck in the rear-end by a 1964 Buick station wagon. The cause of the accident was a brake failure of the Buick.

The defendants, Mariani, had purchased this car "new" from the defendant, Young

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