 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Bridgestone/Firestone North America Tire12/10/2003
In this personal injury and wrongful death action, appellants Dionicio Naranjo, Martha Montaño, and Zulema and Lizette Naranjo (the Naranjos) appeal from the trial court's summary judgment in favor of appellee Bridgestone/Firestone North America Tire, L.L.C. The trial court ruled that the Naranjos' recovery of full, compensatory damages in their prior action against A.P.S. Rent-A-Car & Leasing , Inc. precluded their claims for compensatory and punitive damages against Bridgestone in this separate action arising from the same accident. Based on satisfaction of judgment and collateral estoppel principles as well as public policy grounds, we affirm.
BACKGROUND
In reviewing a summary judgment, we generally view the facts and inferences therefrom in the light most favorable to the nonmoving party. Link v. Pima County, 193 Ariz. 336, , 972 P.2d 669, (App. 1998). The parties, however, agree that the pertinent facts are not in dispute. Dionicio rented a van from A.P.S. He, his wife Martha, and their children Zulema and Lizette were injured when a tire on the van suddenly failed, causing the van to roll over and crash. Another child, Araceli Naranjo, was killed in the accident. The Naranjos originally sued A.P.S., the company that had rented the van to them, alleging negligence and strict liability in tort. They did not name Bridgestone, the tire's manufacturer, as a defendant in that action and, in fact, opposed A.P.S.'s motion to join Bridgestone as a third-party defendant.
After a seven-day trial, a jury awarded $9,539,838 in compensatory damages to the Naranjos. In response to a special interrogatory, the jury found that seventy percent of the "verdict based upon Plaintiffs' claims of negligence" and thirty percent on their "claims of product liability." The verdict was reduced to a formal judgment. A.P.S. paid the entire damage award, plus interest, and the Naranjos filed a satisfaction of judgment with the court.
While the Naranjos' action against A.P.S. was pending, Bridgestone filed this case against the Naranjos and A.P.S., seeking a declaratory judgment that it was not obligated to indemnify A.P.S. for any damages awarded to the Naranjos. In response, the Naranjos filed a counterclaim, alleging claims for negligence and strict product liability against Bridgestone based on the defective tire. The Naranjos requested compensatory and punitive damages. Bridgestone moved to dismiss the counterclaim, arguing the Naranjos had impermissibly split their cause of action. Before the trial court could address that motion, the jury in the original case returned the aforementioned verdict in favor of the Naranjos.
After A.P.S. paid the ensuing judgment, Bridgestone moved for summary judgment on the Naranjos' counterclaim, arguing that collateral estoppel and satisfaction of judgment precluded their claims against Bridgestone. The trial court ultimately ruled that A.P.S.'s satisfaction of the judgment in the first case had discharged Bridgestone from any liability to the Naranjos arising from the same accident. The court granted Bridgestone's motion and entered judgment in its favor on the Naranjos' counterclaim, pursuant to Rules 54(b) and 56(c), Ariz. R. Civ. P., 16 A.R.S., Pt. 2. This appeal followed.
DISCUSSION
The Naranjos argue the trial court erroneously granted summary judgment based on outdated case law that has effectively been abrogated by A.R.S. § 12-2506. We review a grant of summary judgment de novo. Liristis v. Am. Family Mut. Ins. Co., 204 Ariz. 140, , 61 P.3d 22, (App. 2002). A motion for summary judgment should be granted if "there is no genuine issue as to any material fact and... the mo
Page 1 2 3 4 5 6 7 8 Arizona Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|