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SMITH v. CHAPMAN

No. 2 CA-CIV 2190.

115 Ariz. 374 (1976)

565 P.2d 880

Patricia SMITH and Homer Smith, wife and husband, and Bob Smith, Appellants, v. Ronald Ray CHAPMAN and Roberta Chapman, husband and wife, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 8, 1977.

Review Granted March 1, 1977.

Attorney(s) appearing for the Case

Rabinovitz, Minker & Dix, P.C. by Bernard I. Rabinovitz, Tucson, for appellants.

Fish, Briney, Duffield & Miller, P.C. by Arthur H. Miller, Tucson, for appellees.

OPINION

HOWARD, Chief Judge.

If the evidence shows that the defendant, while under the influence of intoxicants, negligently drove his automobile in such a manner as to be a proximate cause of the collision with the plaintiff's automobile, is the plaintiff entitled to (1) an instruction on punitive damages and (2) an instruction that contributory negligence is not a defense to gross negligence? The resolution of these issues is determinative of this appeal...

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