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HELLEBRANDT v. KELLEY CO., INC.

Nos. 2 CA-CV 87-0009, 2 CA-CV 87-0010.

153 Ariz. 429 (1987)

737 P.2d 405

Frank HELLEBRANDT and Judy Hellebrandt, husband and wife, Plaintiffs/Appellants, v. KELLEY COMPANY, INC., a Wisconsin corporation, Defendant/Cross-Defendant/Appellee, and Chenery Equipment and Richard Equipment, Cross-Claimants/Appellees. RICHARD EQUIPMENT COMPANY, INC., an Arizona corporation, Defendant/Appellant, v. KELLEY COMPANY, INC., a Wisconsin corporation, Defendant/Appellee.

Court of Appeals of Arizona, Division 2, Department B.

April 16, 1987.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Larry L. Smith and Richard M. Shannon, Phoenix, for plaintiffs/appellants Hellebrandt.

Struckmeyer and Wilson by Donald R. Wilson and Edwin B. McLean, Phoenix, for defendant/cross-defendant/appellee Kelley Co., Inc.

Gust, Rosenfeld, Divelbess & Henderson by Richard A. Segal and DeAnn Willis, Phoenix, for cross-claimants/appellees Chenery Equipment and Richard Equipment and defendant/appellant Richard Equipment Co.

OPINION

LIVERMORE, Presiding Judge.

In this appeal from a defense verdict in a product liability case, plaintiff asserts as a basis for reversal one evidentiary and several instructional errors. Because we find one such error dispositive, we reverse and do not reach the other claims.

Over objection, the trial court instructed the jury: "The Dyna-Load dock leveler is not defective and unreasonably dangerous if you find that the defect was known or obvious...

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