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MUNROE v. GALATI

No. CV-96-0522-PR.

938 P.2d 1114 (1997)

189 Ariz. 113

Kenneth Henry MUNROE and Mildred Munroe, Petitioners, v. The Honorable Frank T. GALATI, Judge of the Superior Court of the State of Arizona, in an for the County Of Maricopa, Respondent Judge, GENERAL MOTORS CORPORATION and Ray Korte Chevrolet, Inc., Real Parties in Interest.

Supreme Court of Arizona, En Banc.

May 27, 1997.

Attorney(s) appearing for the Case

Law Offices of Jim Robert Junker by Jim Robert Junker, Scottsdale, and Coben & Associates by Larry E. Coben, Garrett J. Olexa, Scottldale, for Petitioners.

Snell & Wilmer, L.L.P. by Richard W. Shapiro, Martha E. Gibbs, Phoenix, and McCutchen Doyle Brown & Enersen, L.L.P. by Leslie G. Landau, San Francisco, CA, and Strasburger & Price by R. Chris Harvey, Dallas, TX, for Real Parties in Interest.

Begam Lewis Marks & Wolfe, P.A. by Stanley J. Marks, Phoenix, and Trial Lawyers for Public Justice by Arthur H. Bryant, Washington, DC, for Amici Curiae Trial Lawyers for Public Justice, Public Citizen, Center for Auto Safety, Consumers for Auto Reliability and Safety.

Bowman and Brooke by Jill S. Goldsmith, Phoenix, and Product Liability Advisory Council by Hugh F. Young, Jr., Reston, VA, and Mayer Brown & Platt by Kenneth S. Geller, Erika Z. Jones, John J. Sullivan, Lily Fu Swenson, Washington, DC, for Amicus Curiae Product Liability Advisory Council, Inc.

OPINION

FELDMAN, Justice.

Kenneth Munroe was rendered quadriplegic in a January 26, 1994 accident in Tempe. As he was driving his 1990 Chevrolet Corsica through the intersection of Rural Road and Broadway, another car turned in front of him, causing a front-end collision at relatively low speed. Because of alleged defects in the passive restraint seat belt, installed as part of a recall of the original defective system, Mr. Munroe was not restrained after...

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