Smith v. Chapman

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.

The facts of the case are that a two-car collision occurred on or near a six-lane highway in Tucson, Arizona. Appellant Patricia Smith was…