Heimke v. Munoz

STRUCKMEYER, Vice Chief Justice.

Howard Heimke and his wife, Juanita, brought this action as plaintiffs against Robert Lopez Munoz to recover damages for personal injuries sustained in an automobile accident. From a jury’s verdict for the defendant and the judgment entered thereon, plaintiffs have appealed. The Court of Appeals, while expressing reservations, nonetheless followed the majority opinion in Layton v. Rocha, 90 Ariz. 369, 368 P.2d 444. We accepted review. Opinion of the Court of Appeals, 11 Ariz.App. 126, 462 P.2d 819, vacated and judgment of the Superior Court reversed.

At the time…