Estabrook v. JC Penney Company

HAYS, Justice.

John Michael Estabrook, a minor plaintiff, brought a personal injury action through his guardian ad litem against defendants J. C. Penney Company and Otis Elevator Company. From a trial court order granting defendant “Penneys’ ” motion for a new trial, plaintiff and defendant “Otis” appealed to the Court of Appeals. In Estabrook v. J. C. Penney Co., 10 Ariz. App. 114, 456 P.2d 960 (1969), the . Court of Appeals affirmed the trial court’s granting of a new trial as to Penneys, and ordered a new trial as to Otis because of the failure of the trial court to instruct the jury…