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LAW v. SUPERIOR COURT OF STATE OF ARIZ.

No. CV-86-0607-PR.

157 Ariz. 147 (1988)

755 P.2d 1135

Cindy LAW; Tom Law and Carol Law, husband and wife, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, and The Honorable Thomas W. O'Toole, Judge, Respondents, James R. HARDER and Jean M. Harder, his wife, Real Parties in Interest.

Supreme Court of Arizona.

Supplemental Opinion May 25, 1988.

Reconsideration Denied July 6, 1988.

Attorney(s) appearing for the Case

Greer & Seletos by Robert L. Greer, Phoenix, for petitioners.

Kleinman, Carroll & Kleinman by Gregory P. Novak, Phoenix, for respondents and real parties in interest.

Haralson, Kinerk & Morey, P.C. by D. Dale Haralson, Denneen L. Peterson, Tucson, and Langerman, Begam, Lewis and Marks by Amy G. Langerman, Phoenix, for amicus curiae Arizona Trial Lawyers Ass'n.

Robbins & Green by William H. Sandweg, III, Robert L. Baumann, Phoenix, for amicus curiae Phoenix Ass'n of Defense Counsel.

FELDMAN, Vice Chief Justice.

This petition for review asks that we reinstate the trial judge's ruling forbidding discovery concerning seat belt use in a personal injury action. The basic question presented is whether Arizona should recognize the so-called "seat belt defense." We granted review to determine this issue of statewide importance and to settle a conflict of authority between the divisions of our court of appeals. Rule 23, Ariz.R.Civ. App.P., 17B A.R.S....

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