Schmidt v. Gibbons

LOCKWOOD, Justice.

This is a wrongful death action brought by the surviving spouse and daughter of Frank J. Schmidt, deceased. The cause of death was an automobile accident in which the decedent crashed into the rear end of a truck owned by the defendant (appellee herein) which was parked on the highway. Judgment was for the defendant and the plaintiff appealed. The Court of Appeals affirmed the trial court’s judgment in 3 Ariz.App. 147, 412 P.2d 716, and we subsequently granted the petition for review.

The issues presented to this Court involve the determination of two questions. The first…