evidence presented supports instruction (Arizona) · Go Syfert
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evidence presented supports instruction in Arizona

11 Arizona opinions name it 2 courts 1985–2021 2 in the last five years

The cases below were cited by Arizona courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
DeMontiney v. Desert Manor Convalescent Center Inc.green
ariz · 1985 · cited in 7 Arizona opinions naming this issue, 1991–2021
2 sentences

2021Inc., 144 Ariz. 6, 10 (1985)).

2020As a result, Leland argues this left the jury "with the impression that the photos accurately depicted the golf cart involved in the accident." ¶22 The superior court "must give a requested instruction if: (1) the evidence presented supports the instruction, (2) the instruction is proper under the law, and (3) the instruction pertains to an important issue, and the gist of the instruction is not given in any other instructions." DeMontiney v. Desert Minor Convalescent Ctr., Inc., 144 Ariz. 6, 10 (1985). ¶23 Spoliation is defined as "[t]he intentional destruction of evidence" or "[t]he destruct

77
Czarnecki v. Volkswagen of Americagreen
arizctapp · 1991 · cited in 2 Arizona opinions naming this issue, 2009–2021
2 sentences

2009“A trial court must give a requested instruction if (1) the evidence presented supports the instruction, (2) the instruction is proper under the law, and (3) the instruction pertains to an important issue that is not dealt with in any other instruction.” Cza rnecki v. Volkswagen of Am., 172 Ariz. 408, 411 , 837 P.2d 1143, 1146 (App.1991). ¶31 The Ritchies contend that the court dealt with the issues in the jury instructions they provided.

2009“A trial court must give a requested instruction if (1) the evidence presented supports the instruction, (2) the instruction is proper under the law, and (3) the instruction pertains to an important issue that is not dealt with in any other instruction.” Cza rnecki v. Volkswagen of Am., 172 Ariz. 408, 411 , 837 P.2d 1143, 1146 (App.1991). ¶31 The Ritchies contend that the court dealt with the issues in the jury instructions they provided.

22
McMurtry v. Weatherford Hotel, Inc.green
arizctapp · 2013 · cited in 1 Arizona opinions naming this issue, 2020–2020
1 sentence

2020As a result, Leland argues this left the jury "with the impression that the photos accurately depicted the golf cart involved in the accident." ¶22 The superior court "must give a requested instruction if: (1) the evidence presented supports the instruction, (2) the instruction is proper under the law, and (3) the instruction pertains to an important issue, and the gist of the instruction is not given in any other instructions." DeMontiney v. Desert Minor Convalescent Ctr., Inc., 144 Ariz. 6, 10 (1985). ¶23 Spoliation is defined as "[t]he intentional destruction of evidence" or "[t]he destruct

11
Deering Ex Rel. Deering v. Cartergreen
ariz · 1962 · cited in 1 Arizona opinions naming this issue, 2020–2020
1 sentence

2020Inc., 144 Ariz. 6, 10 (1985). ¶7 Negligence per se “describe[s] those instances where certain acts or omissions constitute negligence without further inquiry [into] the circumstances or reasonableness of their occurrence.” Deering v. Carter, 92 Ariz. 329, 333 (1962).

11
Brethauer v. General Motors Corp.green
arizctapp · 2009 · cited in 1 Arizona opinions naming this issue, 2018–2018
1 sentence

2018Motors Corp., 221 Ariz. 192, 198, ¶ 24 (App. 2009) (citation omitted).

11
Golonka v. General Motors Corp.green
arizctapp · 2003 · cited in 1 Arizona opinions naming this issue, 2009–2009
2 sentences

2009Golonka, 204 Ariz. at 581, ¶ 14 , 65 P.3d at 962 (alteration in original) (citations omitted). ¶ 23 In the present case, the trial court instructed the jury on the consumer expectation test for Brethauer’s manufacturing defect claim, but it instructed the jury only on a form of the risk/benefit analysis for his design defect claim. 4 Brethauer argues the trial court erred by refusing to give the consumer-expectation-test instruction for use in evaluating his claim that GM’s design of the truck’s seatbelt was defective. ¶ 24 “A trial court must give a requested [jury] instruction if: (1) the ev

2009Golonka, 204 Ariz. at 581, ¶ 14 , 65 P.3d at 962 (alteration in original) (citations omitted). ¶ 23 In the present case, the trial court instructed the jury on the consumer expectation test for Brethauer’s manufacturing defect claim, but it instructed the jury only on a form of the risk/benefit analysis for his design defect claim. 4 Brethauer argues the trial court erred by refusing to give the consumer-expectation-test instruction for use in evaluating his claim that GM’s design of the truck’s seatbelt was defective. ¶ 24 “A trial court must give a requested [jury] instruction if: (1) the ev

11
Amerco v. Shoengreen
arizctapp · 1995 · cited in 1 Arizona opinions naming this issue, 2008–2008
2 sentences

2008AMERCO v. Shoen, 184 Ariz. 150, 156 , 907 P.2d 536, 542 (App. 1995). ¶ 22 The court must give a proposed jury instruction “if: (1) the evidence presented supports the instruction, (2) the instruction is proper under the law, and (3) the instruction pertains to an important issue, and the gist of the instruction is not given in any other instructions.” DeMontiney v. Desert Manor Convalescent Ctr.

2008AMERCO v. Shoen, 184 Ariz. 150, 156 , 907 P.2d 536, 542 (App. 1995). ¶ 22 The court must give a proposed jury instruction “if: (1) the evidence presented supports the instruction, (2) the instruction is proper under the law, and (3) the instruction pertains to an important issue, and the gist of the instruction is not given in any other instructions.” DeMontiney v. Desert Manor Convalescent Ctr.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Strawberry Water Co. v. Paulsen green
arizctapp · 2008
1 sentence

2021“The court must give a proposed jury instruction ‘if: (1) the evidence presented supports the instruction, (2) the instruction is proper under the law, and (3) the instruction pertains to an important issue, and the gist of the instruction is not given in any other instructions.’” Id. at ¶ 22 (quoting DeMontiney v. Desert Manor Convalescent Ctr.

12021–2021
Lang v. City of Des Moines green
iowa · 1980
1 sentence

1985Porterie v. Peters, 111 Ariz. 452 , 532 P.2d 514 (1975); Casey v. Marshall, 64 Ariz. 232 , 168 P.2d 240 (1946); Lang v. City of Des Moines, 294 N.W.2d 557 (Iowa 1980); Elkader Cooperative Co. v. Matt, 204 N.W.2d 873 (Iowa 1973).

11985–1985
Porterie v. Peters green
ariz · 1975
2 sentences

1985Porterie v. Peters, 111 Ariz. 452 , 532 P.2d 514 (1975); Casey v. Marshall, 64 Ariz. 232 , 168 P.2d 240 (1946); Lang v. City of Des Moines, 294 N.W.2d 557 (Iowa 1980); Elkader Cooperative Co. v. Matt, 204 N.W.2d 873 (Iowa 1973).

1985Porterie v. Peters, 111 Ariz. 452 , 532 P.2d 514 (1975); Casey v. Marshall, 64 Ariz. 232 , 168 P.2d 240 (1946); Lang v. City of Des Moines, 294 N.W.2d 557 (Iowa 1980); Elkader Cooperative Co. v. Matt, 204 N.W.2d 873 (Iowa 1973).

11985–1985
Elkader Cooperative Company v. Matt green
iowa · 1973
1 sentence

1985Porterie v. Peters, 111 Ariz. 452 , 532 P.2d 514 (1975); Casey v. Marshall, 64 Ariz. 232 , 168 P.2d 240 (1946); Lang v. City of Des Moines, 294 N.W.2d 557 (Iowa 1980); Elkader Cooperative Co. v. Matt, 204 N.W.2d 873 (Iowa 1973).

11985–1985
Casey v. Marshall green
ariz · 1946
2 sentences

1985Porterie v. Peters, 111 Ariz. 452 , 532 P.2d 514 (1975); Casey v. Marshall, 64 Ariz. 232 , 168 P.2d 240 (1946); Lang v. City of Des Moines, 294 N.W.2d 557 (Iowa 1980); Elkader Cooperative Co. v. Matt, 204 N.W.2d 873 (Iowa 1973).

1985Porterie v. Peters, 111 Ariz. 452 , 532 P.2d 514 (1975); Casey v. Marshall, 64 Ariz. 232 , 168 P.2d 240 (1946); Lang v. City of Des Moines, 294 N.W.2d 557 (Iowa 1980); Elkader Cooperative Co. v. Matt, 204 N.W.2d 873 (Iowa 1973).

11985–1985

Where else courts name it

AZ 11 (1985–2021) MS 2 (2007–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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