Cited by
Opinions in Arizona that cite Western Union Telegraph Co. v. Industrial Commission, 486 P.2d 176.
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Matthew Cavallo v. Phoenix Health Plans Inc
Ariz. 2022
(concluding the trial court properly refused a proposed instruction because it would “only heighten the confusion of the jury in an already sufficiently confused area”).
- Davis v. Cessna Aircraft Corp. 893 P.2d 26 Ariz. Ct. App. Div. 1 1994
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Callender v. Transpacific Hotel Corp.
880 P.2d 1103
Ariz. Ct. App. Div. 2 1993
In determining whether the instructions given were correct, the test is “whether, upon the whole charge, the jury will gather the proper rules to be applied in arriving at a correct decision.” , see also Timmons, supra.
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Rosen v. Knaub
857 P.2d 381
Ariz. 1993
(trial court properly refused such an instruction because it would “only heighten the confusion of the jury in an already sufficiently confused area”).
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Timmons v. City of Tucson
830 P.2d 871
Ariz. Ct. App. Div. 2 1991
In determining whether the instructions given were correct, the test is “whether, upon the whole charge, the jury will gather the proper rules to be applied in arriving at a correct decision.”
- Catchings v. City of Glendale 743 P.2d 400 Ariz. Ct. App. Div. 2 1987
- Town of Oro Valley v. Superior Court 721 P.2d 1175 Ariz. Ct. App. Div. 2 1986
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Rossell v. Volkswagen of America
709 P.2d 533
Ariz. Ct. App. Div. 1 1984
“In Arizona, to successfully maintain an action for the tort of negligence, the plaintiff must show that the defendant had a duty to protect the plaintiff from the injury of which he complains, that defendant failed to perform that duty and that such failure proximately caused the plaintiff’s injury.”
- Rancho Pescado, Inc. v. Northwestern Mutual Life Insurance 680 P.2d 1235 Ariz. Ct. App. Div. 1 1984
- Grant v. Arizona Public Service Co. 652 P.2d 507 Ariz. 1982
- Hallmark v. Allied Products Corp. 646 P.2d 319 Ariz. Ct. App. Div. 1 1982
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Jaeger v. Petroni
650 P.2d 476
Ariz. Ct. App. Div. 2 1982
And that the proper test is not whether the injurious results or consequences were possible, but whether they were likely to occur according to the usual experience of persons.” Appellant contends that the instruction is an incorrect statement of the law, , and that it was not supported by the evidence.
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Rocky Mountain Fire & Casualty Co. v. Biddulph Oldsmobile
640 P.2d 851
Ariz. 1982
“In Arizona, to successfully maintain an action for the tort of negligence, the plaintiff must show that the defendant had a duty to protect the plaintiff from the injury of which he complains, that defendant failed to perform that duty and that such failure proximately caused the plaintiff’s injury.”
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Grant v. Arizona Public Service Co.
652 P.2d 548
Ariz. Ct. App. Div. 1 1981
the Arizona Supreme Court held that the duty of a distributor of electric power is established by the foreseeability of harm.
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Griffith v. VALLEY OF SUN RECOVERY, ETC.
613 P.2d 1283
Ariz. Ct. App. Div. 1 1980
Similarly, , the Arizona Supreme Court stated that: In a case such as this where the establishment of the duty, i.e., foreseeability of harm, varies as a result of factual distinctions, we have held what is or is not negligence or what is foreseeable is a question for the trier of fact.
- Rimondi v. Briggs 606 P.2d 412 Ariz. 1980
- Kauffman v. Schroeder 568 P.2d 411 Ariz. 1977
- Rodriguez v. Besser Co. 565 P.2d 1315 Ariz. Ct. App. Div. 1 1977
- Porterie v. Peters 532 P.2d 514 Ariz. 1975
- Lancaster v. Chemi-Cote Perlite Corporation 511 P.2d 673 Ariz. Ct. App. Div. 1 1973
- Anderson Aviation Sales Company, Inc. v. Perez 508 P.2d 87 Ariz. Ct. App. Div. 1 1973