Smith v. Johnson

OPINION

WEISBERG, Judge.

This is an automobile accident case in which Carole A. Smith (“plaintiff’) appeals from the denial of her motion for new trial following a judgment on a jury verdict for Lee Finley Johnson (“defendant”). In concluding that plaintiff should have been granted a new trial, we hold that a driver’s duty to comply with a safety statute, Ariz.Rev.Stat. Ann. (“A.R.S.”) section 28-772, is non-delegable and therefore a driver cannot be absolved of liability by relying on the directions of another driver.

Facts and Procedural History 1

Cars driven by plaintiff and defendant collided…