Diaz v. Phoenix Lubrication Service, Inc.
Arizona Court of Appeals
230 P.3d 718 (2010)
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
Holding and Reasoning (Gemmill, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.