Conner v. Brkich

3 Citing cases

  1. Contreras v. Brown

    No. CV-17-08217-PCT-JAT (D. Ariz. May. 3, 2019)   Cited 2 times
    Finding that in a car accident case the plaintiffs' claim was deficient because the plaintiffs failed to identify a standard of care, which is necessary to determine whether the alleged lack of training was negligent

    While "a plaintiff who is the victim of 'the usual rear-end collision' may, under appropriate circumstances, have the benefit of the doctrine," res ipsa loquitur does not apply to rear-end collision cases where the evidence reveals the cause of the accident. Conner v. Brkich, 481 P.2d 894, 896 (Ariz. Ct. App. 1971) (quoting O'Donnell, 436 P.2d at 579 (holding that res ipsa loquitur did not apply to a rear-end collision where the evidence established that the collision occurred from brake failure)). Defendants contend that Plaintiffs cannot meet the second, third, or fourth condition for res ipsa loquitur.

  2. State v. Caldwell

    117 Ariz. 464 (Ariz. 1977)   Cited 20 times
    Recognizing that the "preliminary requirement" for admitting impeachment evidence is "that there be testimony inconsistent with prior statements"

    However, since Fenderson later admitted that he had, in fact, lied to the prosecutor on a matter connected with the trial, the error in excluding the original question was harmless. See Conner v. Brkich, 14 Ariz. App. 208, 481 P.2d 894 (1971). In Re Mew Len Ching's Estate, 46 Haw. 127, 376 P.2d 125 (1962).

  3. O'Donnell v. Maves

    108 Ariz. 98 (Ariz. 1972)   Cited 9 times

    O'Donnell was struck from the rear in a collision caused by a sudden brake failure in the Maves vehicle. He urges that he should have been awarded a directed verdict as to negligence in trial court because the defendant's failure to conform to A.R.S. ยง 28-952, requiring every motor vehicle to be equipped with adequate brakes, constitutes negligence per se. The issue presented has previously been decided adversely to the plaintiffs not only by those Arizona courts which have passed upon it, see Conner v. Brkich, 14 Ariz. App. 208, 481 P.2d 894; Caruth v. Mariani, 10 Ariz. App. 277, 458 P.2d 371; Dayton v. Palmer, 1 Ariz. App. 184, 400 P.2d 855, but by a majority of courts from other jurisdictions as well. For the latest cases in accord with the holding in Arizona, see Maloney v. Rath, 69 Cal.2d 442, 71 Cal.Rptr. 897, 445 P.2d 513 (1968); Savage v. Blancett, 47 Ill. App.2d 355, 198 N.E.2d 120 (1964); Cartwright v. Firemen's Ins. Co. of Newark, New Jersey, 254 La. 330, 223 So.2d 822 (1969); McGlone v. Corbi, 59 N.J. 86, 279 A.2d 812 (1971); Small v. Tyres, 33 A.D.2d 1055, 308 N.Y.S.2d 730 (1970). Contra Spalding v. Waxler, 2 Ohio St.2d 1, 205 N.E.2d 890 (1965).