Arizona Refrigeration Supplies, Inc. v. Brookshire

JACOBSON, Judge.

The trial court’s granting of a new trial to a losing plaintiff, primarily based upon lack of evidence, to support an instruction on contributory negligence, is called into question on this appeal.

Plaintiffs-appellees, Hester Pearl Brook-shire and Richard F. Brookshire brought an action for personal injuries suffered by Mrs. Brookshire arising out of an automobile accident, against defendants-appellants, Frank Keenan Heeley and his employer, Arizona Refrigeration Supplies, Inc.

The matter was tried to a jury which returned a verdict in favor of defendants. The trial court…