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MONTANO BY MONTANO v. LEE TIRE & RUBBER

No. 2 CA-CV 94-0314.

182 Ariz. 135 (1995)

893 P.2d 1298

Celina MONTANO, a minor, by her next best friend and mother, Norma MONTANO; and Norma Montano, individually, Plaintiffs/Appellees/Cross-Appellants, v. LEE TIRE & RUBBER COMPANY, Defendant/Appellant/Cross-Appellee.

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

April 13, 1995.

Attorney(s) appearing for the Case

Eugene Zlaket, Tucson, and James G. Heckbert, Steamboat Springs, CO, for plaintiffs/appellees/cross-appellants.

Jennings, Strouss & Salmon by William T. Birmingham, M. Byron Lewis and Matthew D. Kleifield, Phoenix, for defendant/appellant/cross-appellee.

OPINION

LIVERMORE, Presiding Judge.

Plaintiff Celina Montano was eight years old when she was severely injured as a passenger in her grandparents' car. The car rolled over after a blowout. In this products liability action against Lee Tire & Rubber Company, her damages were assessed at over five million dollars but, because her grandparents were found 40% at fault, her recovery was reduced to $3,100,000. Lee's appeal raises two alleged evidentiary...

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