SMITH v. CHAPMAN

No. 13056-PR.

115 Ariz. 211 (1977)

564 P.2d 900

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

Supreme Court of Arizona, En Banc.

May 10, 1977.


Attorney(s) appearing for the Case

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

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


HAYS, Justice.

This tort action arose from an automobile accident which occurred on October 27, 1972. After a seven-day trial in September, 1975, a jury returned a verdict against Homer and Patricia Smith, plaintiffs below and appellants herein. Upon appeal, the Arizona Court of Appeals reversed and remanded for a new trial. We accepted a petition for review and vacate the opinion of the Court of Appeals. However, we also reverse and remand for a new trial.

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