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JIMENEZ v. SEARS, ROEBUCK AND CO.

No. CV-94-0273-PR.

183 Ariz. 399 (1995)

904 P.2d 861

Richard Lopez JIMENEZ and Amanda Q. Jimenez, husband and wife, Plaintiffs/Appellees, v. SEARS, ROEBUCK AND COMPANY, a foreign corporation, Defendant/Appellant.

Supreme Court of Arizona, En Banc.

October 17, 1995.

Attorney(s) appearing for the Case

Hirsh, Davis & Piccarreta, P.C. by Carl A. Piccarreta, Tucson, for Plaintiffs/Appellees.

Snell & Wilmer by Timothy G. O'Neill, Martha E. Gibbs, Phoenix, for Defendant/Appellant.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Scott A. Salmon, Troy B. Froderman, Christopher Robbins, Phoenix, for Amicus Curiae Arizona Association of Defense Counsel.

The Langerman Law Offices by Amy G. Langerman, Richard W. Langerman, Phoenix, for Amicus Curiae Arizona Trial Lawyers Association.

OPINION

FELDMAN, Chief Justice.

Richard and Amanda Jimenez (Plaintiffs) brought this products liability action against Sears, Roebuck & Co. (Defendant), alleging it sold them a defective and unreasonably dangerous power tool. Defendant asserted the defense of product misuse and asked the trial court to instruct the jury according to the principles of comparative fault contained in A.R.S. §§ 12-2501 to 12-2509, the Uniform Contribution Among...

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