LAW v. SUPERIOR COURT

No. 1 CA-CIV 9006-SA.

157 Ariz. 142 (1986)

755 P.2d 1130

Cindy LAW, Tom Law and Carol Law, husband and wife, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, and The Honorable Thomas W. O'Toole, Judge, Respondents, James R. HARDER and Jean M. Harder, his wife, Real Parties in Interest.

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

September 4, 1986.


Attorney(s) appearing for the Case

Greer & Seletos by Robert L. Greer, Phoenix, for petitioners.

Kleinman, Carroll & Kleinman by Gregory P. Novak, Phoenix, for respondents and real parties in interest.


OPINION

MEYERSON, Judge.

In this special action we are called upon to reconsider the legal viability of the seat belt defense, last addressed by Arizona courts in Nash v. Kamrath, 21 Ariz.App. 530, 521 P.2d 161 (1974). In Nash, Division II of this court upheld an order excluding evidence of the plaintiff's failure to use a seat belt. We disagree with the reasoning in...

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