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BRETHAUER v. GENERAL MOTORS CORP.

No. 1 CA-CV 07-0530.

211 P.3d 1176 (2009)

Jeff BRETHAUER, a single man, Plaintiff/Appellant, v. GENERAL MOTORS CORPORATION, a Delaware corporation, Defendant/Appellee.

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

March 31, 2009.

Attorney(s) appearing for the Case

Law Office of Glynn W. Gilcrease, Jr., PC By Glynn W. Gilcrease, Jr., Tempe, Wolf Ardis PC By Patrick M. Ardis (admitted pro hac vice) Sharon Petty (admitted pro hac vice), Memphis, Tennessee, Law Office of Scott E. Boehm, PC By Scott E. Boehm, Phoenix, Attorneys for Plaintiff/Appellant.

Bowman and Brooke LLP By Thomas M. Klein, William F. Auther, Dustin Christner, Phoenix, Attorneys for Defendant/Appellee.

OPINION

TIMMER, Chief Judge.

¶ 1 During a rainstorm on July 30, 2001, appellant Jeff Brethauer was driving his 1998 Chevrolet pick-up truck southbound on Interstate 17 when the vehicle hydroplaned, swerved off the road, and bounced through the rough terrain of a ditch. The side and rear windows shattered and Brethauer, who asserted he had been wearing his seatbelt before it became unlatched, was ejected out the rear-window opening and suffered a paralyzing...

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