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CZARNECKI v. VOLKSWAGEN OF AMERICA

No. 1 CA-CV 90-140.

172 Ariz. 408 (1991)

837 P.2d 1143

Thomas CZARNECKI, a single man, Plaintiff-Appellant, v. VOLKSWAGEN OF AMERICA, a corporation; Volkswagenwerk Aktiengesellschaft, a corporation; World-Wide Volkswagen, a corporation, Defendants-Appellees.

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

Reconsideration Denied February 28, 1992.

Review Denied October 20, 1992.

Attorney(s) appearing for the Case

Horne, Kaplan & Bistrow, P.C. by Thomas C. Horne, Phoenix, for plaintiff-appellant.

Fennemore Craig, P.C. by Linwood C. Perkins, Jr. and Timothy Berg, Phoenix, for defendants-appellees.

OPINION

JACOBSON, Judge.

Plaintiff-appellant Thomas Czarnecki appeals from a jury verdict in favor of Volkswagen of America (VW) in his suit to recover for the paraplegia he sustained in an automobile collision. We address the following issues in this appeal:

(1) Did the trial court err in failing to instruct the jury on apportionment of damages? (2) Did the court err in its instructions on the "misuse" defense and the definition of "reasonably...

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