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READER v. GENERAL MOTORS CORPORATION

No. 1 CA-CIV 1083.

13 Ariz. App. 207 (1970)

475 P.2d 497

Lawrence R. READER and Sally Reader, his wife, Robert Reader, a minor, by his Guardian ad Litem, Lawrence R. Reader, Appellants and Appellees, v. GENERAL MOTORS CORPORATION, a Delaware corporation, Appellee, Madison Chevrolet, Inc., an Arizona corporation, Appellant and Appellee, Hertz Corporation, a Delaware corporation, dba Hertz Rent A Car, Appellant.

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

Rehearing Denied November 10, 1970.

Review Granted January 19, 1971.

Attorney(s) appearing for the Case

Killian & Legg, by John G. Hough, Mesa, for the Readers.

Snell & Wilmer, by Roger W. Perry and Arthur P. Greenfield, Phoenix, for General Motors Corporation.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, by John H. Killingsworth and Jay M. Martinez, Phoenix, for Madison Chevrolet.

Fennemore, Craig, von Ammon & Udall, by Calvin H. Udall, Phoenix, for Hertz Corp.

STEVENS, Judge.

On 14 July 1965, in the course of his employment, Lawrence R. Reader was driving a heavily ladened 1965 Chevrolet truck of the 60 series down a steep grade. His minor son, Robert, was with him. The truck was approximately six months old. Before starting downgrade, Reader tested the service brakes and they were functioning satisfactorily. He shifted to a lower gear to have the advantage of engine compression to impede the downgrade progress of the truck...

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