GUNNERSON v. GUNNERSON

No. 2 CA-CV 89-0119.

163 Ariz. 475 (1989)

788 P.2d 1226

Douglas GUNNERSON, Plaintiff/Appellant, v. Leroi GUNNERSON and Lois Gunnerson, husband and wife, Defendants/Appellees.

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

As Corrected December 13, 1989.

Review Denied April 3, 1990.


Attorney(s) appearing for the Case

Albert E. Van Wagner, Jr., Phoenix, for plaintiff, appellant.

Oplinger, Barker & Howard by Richard H. Oplinger and Daniel A. Barker, Tempe, for defendants, appellees.


OPINION

LIVERMORE, Presiding Judge.

In this appeal by plaintiff from a verdict in his favor, reduced by a finding of comparative negligence, three errors are asserted. One of them is well taken. Accordingly, we reverse.

At the conclusion of the case, the trial court instructed the jury that if it found that plaintiff was contributorily negligent it "must" specify the amount of such negligence.1 The effect of this was to...

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