GARCIA v. GENERAL MOTORS CORP.

No. 1 CA-CV 98-0249.

990 P.2d 1069 (1999)

195 Ariz. 510

Theresia GARCIA, a married woman, individually; and Angela Hatton, a minor by and through her parent and guardian, Theresia Garcia, Plaintiffs-Appellees, v. GENERAL MOTORS CORPORATION, a Delaware corporation, Defendant-Appellant, Phoenix Tabernacle of Latin America, an Arizona corporation, Defendant-Appellee. Sarah Alvarado, a minor, by and through her parents and guardians John Alvarado and Guadalupe Alvarado; John Alvarado and Guadalupe Alvarado, husband and wife, individually; Guillermina Camacho, a minor by and through her parents, Guillermina G. Camacho and Antonio Camacho; Antonio Camacho and Guillermina G. Camacho, husband and wife, individually; Guadalupe Gallardo, a minor, by and through her parent and guardian Juan M. Gallardo; Juan M. Gallardo, individually; Phillip Daniel Garcia, a minor, by and through his parent and guardian, Deborah Garcia; Rachel Lydia Garcia, a minor, by and through her parent and guardian, Deborah Garcia; Deborah Garcia, individually; Lydia Martinez, a minor, by and through her parent and guardian Gloria Martinez; Gloria Martinez, individually, Plaintiffs-Appellees, v. General Motors Corporation, a Delaware corporation, Defendant-Appellant, Phoenix Tabernacle of Latin America, an Arizona corporation, Defendant-Appellee. Leticia Garcia, a married woman, Plaintiff-Appellee, v. General Motors Corporation, a Delaware corporation, Defendant-Appellant, Phoenix Tabernacle of Latin America, an Arizona corporation, Defendant-Appellee.

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

Reconsideration Denied June 29, 1999.

Review Denied January 4, 2000.


Attorney(s) appearing for the Case

Bowman & Brooke, L.L.P. by Jeffrey R. Brooke, Thomas M. Klein, Lori A. Zirkle, Phoenix, Attorneys for Defendant-Appellant General Motors Corp.

Rosenthal & Greene, P.C. by Elden M. Rosenthal, pro hac vice, Portland, Oregon, Attorneys for Plaintiffs-Appellees.

Hepworth, Nungester & Lezamiz by John C. Hepworth, pro hac vice, Twin Falls, Idaho, Attorneys for Plaintiffs-Appellees.

Robbins & Green, P.A. by Alfred W. Ricciardi, Phoenix, Attorney for Plaintiffs-Appellees.

Kern & Wooley, L.L.P. by Robert L. Greer, Mesa, Attorneys for Defendant-Appellee Tabernacle of Latin America.


OPINION

BERCH, Judge.

¶ 1 Defendant General Motors Corporation appeals from an adverse jury verdict arising from a single-car rollover accident in Idaho. General Motors claims that the trial court erred in applying Idaho law, which precluded evidence that Plaintiffs were not wearing their seatbelts at the time of the accident. Because we find that choice-of-law principles dictate the application of Arizona comparative fault law to the facts of this...

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