Fitzgerald v. Maricopa County

JACOBSON, Judge.

This is an appeal from a judgment entered on a jury’s verdict in favor of defendant Maricopa County and the entry of directed verdicts in favor of the other defendants. The primary questions for review concern the giving of a contributory negligence instruction, the failure to instruct on gross or wanton negligence and the failure to instruct on intervening cause. Considering first the jury verdict in favor of Maricopa County and taking the evidence in a light most favorable to sustain that verdict, it appears that sometime between the evening of February 3, 196S, and the…