Rimondi v. Briggs

HOLOHAN, Vice Chief Justice.

Plaintiffs appeal from a jury verdict for the defendant in the second trial of a personal injury action arising out of an automobile accident. The first trial resulted in. a hung jury and mistrial. We have jurisdiction pursuant to Rule 19(e), Rules of Civil Appellate Procedure, 17A A.R.S.

Late one night while driving on Apache Trail Highway, plaintiffs’ left front tire on their van went flat. Instead of pulling off into one of several nearby driveways, plaintiffs pulled into the outermost of the three westbound lanes and stopped. The testimony is conflicting as to…