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Holtz v. Holder

Arizona Supreme Court
418 P.2d 584 (1966)


At an intersection where two lanes narrowed to one, Cynthia Holtz (plaintiff) collided with the car next to her, which was driven by James Holder (defendant). Holtz crossed the center line and ran into a pickup truck. After the accident, Holtz remained in her car. About five or 10 minutes later, a truck owned by Carnation Milk (Carnation) (defendant) ran into Holtz’s stationary vehicle. Holtz sued Holder and Carnation for negligence. At the trial, Holtz’s doctor testified that it was impossible to determine which of Holtz’s injuries were caused by each collision. The jury was instructed that it could not find in favor of Holtz if it could not determine which of the two defendants caused each of Holtz’s injuries. The trial court rejected a jury instruction Holtz submitted permitting a finding of joint and several liability if the jury was unable to apportion damages between the defendants. A jury found in favor of the defendants. Holtz appealed.

Rule of Law


Holding and Reasoning (Udall, J.)

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