(DOWNLOAD) "Jimenez V. Sears" by Arizona Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Jimenez V. Sears
- Author : Arizona Supreme Court
- Release Date : January 17, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
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 Tortfeasors Act (UCATA), so that Plaintiffs' damages could be reduced in proportion to their degree of fault. The trial court refused to so instruct. On review, we must decide whether the 1987 version of UCATA changes misuse from an all-or-nothing defense to one of comparative fault, thus permitting reduction in damages. If so, we must also decide whether that change violates article 2, section 31 of the Arizona Constitution.