Beliak Ex Rel. Beliak v. Plants

STRUCKMEYER, Justice.

This is an appeal from a verdict on retrial of a personal injury action as directed by opinion of this Court in Beliak v. Plants, 84 Ariz. 211, 326 P.2d 36. Plaintiff again appeals from a verdict in favor of the defendant. The suit arises out of injuries sustained by plaintiff in 1954 when he was five and one-half years old as a result of being struck by defendant’s car backing from a driveway.

On the first appeal this Court found error in the giving of certain instructions on unavoidable accident. Plaintiff again complains that the trial court’s instruction on unavoidable…