ARROW LEASING CORP. v. CUMMINS ARIZ. DIESEL

No. 1 CA-CIV 6455.

136 Ariz. 444 (1983)

666 P.2d 544

ARROW LEASING CORPORATION, an Arizona corporation, Larry Spear and Beth Spear, his wife, Plaintiffs-Appellants, v. CUMMINS ARIZONA DIESEL, INC., an Arizona corporation, the Garrett Corporation, a California corporation, General GMC, Inc., a Delaware corporation; Paccar, Inc., d/b/a Peterbilt Motors Co., a foreign corporation, Defendants-Appellees.

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

June 28, 1983.


Attorney(s) appearing for the Case

Porter, Kempton, Tobler & Gwilliam by Bernald C. Porter, Tempe, for plaintiffs-appellants.

Allen, McClennen & Fels, P.C. by Timothy J. Tweeton, Phoenix, for defendants-appellees.


OPINION

CONTRERAS, Judge.

The primary issue raised in this appeal is whether a plaintiff can recover under theories of strict liability in tort or negligence for the cost of repairing an engine which was damaged by an allegedly defective turbo-charger. In the context of the undisputed facts presented, we hold that there can be no recovery.

On December 24, 1975, Butler Trucking Company (Butler) purchased a Peterbilt tractor from General GMC, a retail...

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