JAEGER v. PETRONI

No. 2 CA-CIV 3976.

133 Ariz. 174 (1982)

650 P.2d 476

Steven J. JAEGER, Plaintiff/Appellant, v. Peter D. PETRONI, Defendant/Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 3, 1982.

Review Granted June 22, 1982.


Attorney(s) appearing for the Case

Michael D. Miller, Tucson, for plaintiff/appellant.

Chandler, Tullar, Udall & Redhair by Dan Cavett, Tucson, for defendant/appellee.


OPINION

BIRDSALL, Judge.

This is an appeal from a judgment in favor of the defendant/appellee in a personal injury action. The plaintiff/appellant contends that the trial court erroneously instructed the jury. We agree that one instruction was erroneously given, and reverse.

The facts, viewed in the light most favorable to sustaining the judgment, are as follows. The appellant was one of several teenage boys riding down the Mount Lemmon Highway in...

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