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Diaz v. Phoenix Lubrication Service, Inc.

Arizona Court of Appeals
230 P.3d 718 (2010)


Facts

Joseph Bryant Diaz (plaintiff) took his parents’ Volvo to Jiffy Lube, a franchise owned by Phoenix Lubrication Service, Inc. (Jiffy Lube) (defendant), for an oil change. As part of the service, Jiffy Lube examined the vehicle’s fluids and checked each tire’s air pressure. Diaz did not ask Jiffy Lube to perform a thorough examination of the car’s tires. A few days later, Diaz was driving the Volvo during a rain shower, lost control, and crashed. Diaz suffered severe injuries as a result of the accident. It was later learned that the vehicle’s tires were significantly worn and played a large role in causing the accident. Diaz and his parents (collectively the plaintiffs) filed suit against a number of companies, including Jiffy Lube. Plaintiffs alleged that Jiffy Lube was negligent in failing to examine the vehicle’s tires. The trial court dismissed claims against all defendants, except Jiffy Lube. Jiffy Lube filed a motion for summary judgment, claiming it did not owe Plaintiffs a duty to inspect the inside tread of the Volvo’s tires. The trial court granted the motion. The Plaintiffs appealed.

Rule of Law

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Issue

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Holding and Reasoning (Gemmill, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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