From Casetext: Smarter Legal Research

Tom v. Baca

Supreme Court of Arizona
Feb 21, 1963
93 Ariz. 96 (Ariz. 1963)

Opinion

No. 7222.

February 21, 1963.

Appeal from the Superior Court of Maricopa County, Lorna E. Lockwood, J.

Hughes Hughes, Phoenix, for appellant.

Brown Brash, Phoenix, for appellee.


Appellant was plaintiff in a suit for injuries to his minor son. A verdict was directed in favor of the defendant at the close of plaintiff's case and plaintiff appeals from the judgment entered on that verdict.

The minor plaintiff was walking on a path beside a dirt road. The defendant was driving down the road pulling a trailer. The trailer broke loose and hit the minor plaintiff. The officer who investigated the accident testified that he could not remember the facts of the accident and that his accident report did not refresh his recollection. From his accident report be was able to testify, however, that the trailer broke loose because of a faulty trailer hitch and that the report contained an accurate condition of the trailer hitch.

Appellee has not favored us with a brief and this case has been submitted for decision under Rule 7(a) 2, Rules of the Supreme Court, 17 A.R.S. We have recently held that:

"* * * where debatable issues were raised by the appeal, we will assume failure to file an answering brief is a confession on the part of the appellees of reversible error." Nelson v. Nelson, 91 Ariz. 215, 217, 370 P.2d 952, 953.

Reversed and remanded with instructions to enter an order for a new trial.

UDALL, V.C.J., and STRUCKMEYER, J., concur.


Summaries of

Tom v. Baca

Supreme Court of Arizona
Feb 21, 1963
93 Ariz. 96 (Ariz. 1963)
Case details for

Tom v. Baca

Case Details

Full title:Roy TOM, by his Guardian Ad Litem, Tom Sarn, Appellant, v. Isidrio C…

Court:Supreme Court of Arizona

Date published: Feb 21, 1963

Citations

93 Ariz. 96 (Ariz. 1963)
378 P.2d 912

Citing Cases

Wilson v. Wilson

Nelson v. Nelson, 91 Ariz. 215, 217, 370 P.2d 952, 953. See also Tom v. Baca, 93 Ariz. 96, 378 P.2d 912.…

Tiller v. Tiller

Appellee has not favored us with a brief and this case has been submitted for decision under Rule 7(a)2,…