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JIMENEZ v. SEARS, ROEBUCK AND CO.

No. 2 CA-CV 93-0243.

180 Ariz. 432 (1994)

885 P.2d 120

Richard Lopez JIMENEZ and Amanda Q. Jimenez, husband and wife, Plaintiffs/Appellees, v. SEARS, ROEBUCK and COMPANY, a foreign corporation, Defendant/Appellant.

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

Review Granted and Denied December 20, 1994.

Attorney(s) appearing for the Case

Hirsch, Davis, Walker & Piccarreta, P.C. by Carl A. Piccarreta, Tucson, for plaintiffs/appellees.

Snell & Wilmer by Timothy G. O'Neill and Martha E. Gibbs, Phoenix, for defendant/appellant.

Review Granted on issue A and Denied on other issues December 20, 1994.

OPINION

HATHAWAY, Judge.

This appeal is taken from a jury verdict for appellees in a personal injury, product liability action. Plaintiff/Appellee Richard Jimenez was injured when a disk sander that he had purchased at a Sears store shattered.

Sears raises three issues on appeal: (1) the trial court erred in refusing to give a comparative fault instruction; (2) a new trial...

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