Legal Opinion

Czarnecki v. Volkswagen of America

Court of Appeals of Arizona

Decided December 31, 1991No. 1 CA-CV 90-140PublishedCited by 27 opinions

1Opinion of the Court

OPINION

JACOBSON, Judge.

Plaintiff-appellant Thomas Czamecki appeals from a jury verdict in favor of Volkswagen of America (VW) in his suit to recover for the paraplegia he sustained in an automobile collision. We address the following issues in this appeal:(1) Did the trial court err in failing to instruct the jury on apportionment of damages?(2) Did the court err in its instructions on the “misuse” defense and the definition of “reasonably foreseeable use”?(3) Did the court err in failing to give the RAJI hindsight and consumer expectation instructions?(4) Did the court err in its ruling on…

2Cases cited27 opinions

  1. Erling David Larsen v. General Motors Corporation, a Delaware CorporationCourt of Appeals for the Eighth Circuit · 1968
  2. Huddell v. LevinCourt of Appeals for the Third Circuit · 1976
  3. Holly Shipp v. General Motors CorporationCourt of Appeals for the Fifth Circuit · 1985
  4. Bradshaw v. State Farm Mutual Automobile InsuranceArizona Supreme Court · 1988
  5. Dart v. Wiebe Manufacturing, Inc.Arizona Supreme Court · 1985

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3Cited by27 opinions

  1. Ritchie v. KrasnerCourt of Appeals of Arizona · 2009
  2. Kudlacek v. Fiat S.P.A.Nebraska Supreme Court · 1994
  3. Piper v. Bear Medical Systems, Inc.Court of Appeals of Arizona · 1993
  4. Piner v. Superior Court in and for County of MaricopaArizona Supreme Court · 1998
  5. Lally v. Volkswagen AktiengesellschaftMassachusetts Appeals Court · 1998

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