McGriff v. McGriff

STRUCKMEYER, Vice Chief Justice.

This action was commenced by Hezekiah McGriff, Jr., against his brother, Snelson W. McGriff, and Lillian McGriff, Snelson’s wife, for personal injuries sustained in a one-car accident. A verdict for the defendants was appealed. The Court of Appeals reversed, holding that the trial court had erroneously instructed the jury as to the applicability of the defense of assumption of risk, 26 Ariz.App. 430, 549 P.2d 210 (1976). We accepted review. Opinion of the Court of Appeals vacated. Judgment of the Superior Court affirmed.

We will first address ourselves to the…