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HERNANDEZ-GOMEZ v. LEONARDO

No. CV-93-0202-PR

185 Ariz. 509 (1996)

917 P.2d 238

Amparo HERNANDEZ-GOMEZ, Petitioner, v. Hon. John S. LEONARDO, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, VOLKSWAGEN OF AMERICA, INC., a New Jersey Corporation, and Volkswagenwerk Aktiengesellschaft, a Foreign Corporation, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

May 14, 1996.

Attorney(s) appearing for the Case

Haralson, Kinerk & Morey, P.C. by Gregory G. Wasley, D. Dale Haralson, Tucson, for Petitioner.

Fennemore Craig, P.C. by Timothy Berg, William T. Burghart, Joseph P. Mikitish, Phoenix, for Real Parties in Interest.

FELDMAN, Chief Justice.

Amparo Hernandez-Gomez (Plaintiff) was rendered quadriplegic on November 6, 1988, when the 1981 Volkswagen Rabbit in which Plaintiff was a passenger veered off the road and flipped over, smashing her head and shoulders against the car's roof. Plaintiff alleges that the design of the Rabbit's occupant restraint system failed to provide adequate protection in foreseeable rollover accidents. The restraint system for the car's right front...

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