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HUTTO v. FRANCISCO

No. 1 CA-CV 03-0678.

107 P.3d 934 (2005)

210 Ariz. 88

Jana L. HUTTO, mother and surviving parent of Jared R. Francisco, decedent, Plaintiff-Appellant, Cross Appellee, v. Warren Barton FRANCISCO, III and Rhonda R. Francisco, husband and wife, Defendants-Appellees, Cross Appellants.

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

March 3, 2005.

Attorney(s) appearing for the Case

Law Offices of Gregg A. Thurston, P.C. By Gregg A. Thurston, Phoenix, Attorneys for Plaintiff-Appellant, Cross Appellee.

Murphy, Lutey, Schmitt & Fuchs, P.L.L.C. By Michael R. Murphy and Milton W. Hathaway, Jr., Prescott, Attorneys for Defendants-Appellees, Cross Appellants.

OPINION

LANKFORD, Presiding Judge.

¶ 1 This appeal requires us to decide whether a vehicle owner may bear tort liability for a death arising from the absence of a safety belt. Specifically, may a jury find that the owner must maintain the safety belt as part of his duty to keep his vehicle in safe operating condition? Is state tort law liability permitted despite the existence of federal safety regulation of vehicle manufacturers?

¶ 2 We...

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