GOMEZ v. TUCSON YELLOW CAB. CO.

No. 2 CA-CIV 3599.

127 Ariz. 563 (1980)

622 P.2d 510

Ramon Luis GOMEZ and Rosa Maria Gomez, his wife; and Martha R. de Alcantara, surviving spouse of Mario de Alcantara, deceased, Plaintiffs/Appellees, v. TUCSON YELLOW CAB CO., an Arizona Corporation, Defendant/Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 31, 1980.

Review Denied January 20, 1981.


Attorney(s) appearing for the Case

Donald Estes, Zipf & Henderson, and Scott L. Taylor by Donald Estes, Tucson, for plaintiffs/appellees.

Chandler, Tullar, Udall & Redhair by D.B. Udall, Tucson, for defendant/appellant.


OPINION

HATHAWAY, Chief Judge.

This appeal challenges the trial court's granting a motion in limine regarding the admissibility of evidence and its handling of jury instructions when it returned the jury for further deliberations. We believe the trial court erred in denying the jury an opportunity to change its verdict upon reconsideration and we therefore reverse. In addition, since appellant's first point is apt to arise in a retrial of this case, we will...

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