CHAVARRIA v. FORD MOTOR COMPANY

No. 2 CA-CIV 3192.

124 Ariz. 158 (1979)

602 P.2d 826

Joe CHAVARRIA, Jr. and Juana Chavarria, natural parents of the deceased Ignacio H. Chavarria, Plaintiffs-Appellants, v. FORD MOTOR COMPANY, a Delaware corporation, Defendant-Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied October 24, 1979.

Review Denied November 15, 1979.


Attorney(s) appearing for the Case

Ettinger & Deckter, P.C. by Nathan A. Parkey and Louis L. Deckter, Tucson, for plaintiffs-appellants.

Murphy & Hazlett by Carl E. Hazlett, Tucson, for defendant-appellee.


OPINION

HATHAWAY, Judge.

This case arises out of a tractor roll-over which killed the driver. Summary judgment was granted appellee-defendant. The issue on appeal is whether the trial court correctly found that there was no genuine issue of material fact concerning whether the tractor was in a defective condition, unreasonably dangerous to the user. Restatement (Second) of Torts, § 402(A) (1965).

On October 12, 1973, appellants' 16-year-old son...

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