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Czarnecki v. Volkswagen of America12/31/1991
that, contrary to Czarnecki's three theory scenario, only two theories were presented to the jury. VW contends that neither party suggested, and the jury therefore could not have found, that the burst fracture and paraplegia occurred partially during the first impact and partially during the second. Accordingly, VW contends that the court did not err in refusing Czarnecki's proposed instructions because the theory relevant to the instructions was unsupported by the evidence.
In reviewing whether the trial court should have given a requested jury instruction, the appellate court is to consider the evidence in the light most favorable to the requesting party. If there is any evidence tending to establish the theory posed in the instruction, it should be given, even if contradictory facts are presented. Andrews v. Fry's Food Stores, 160 Ariz. 93, 95, 770 P.2d 397, 399 (App.1989); Pioneer Roofing Co. v. Mardian Constr. Co., 152 Ariz. 455, 462, 733 P.2d 652, 659 (App.1986). However, if the issue is not supported by the evidence, it is improper to instruct the jury on it. DeElena v. Southern P. Co., 121 Ariz. 563, 569, 592 P.2d 759, 765 (1979). 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. DeMontiney v. Desert Manor Convalescent Center, Inc., 144 Ariz. 6, 10, 695 P.2d 255, 259 (1985).
1. Propriety of the Instructions
In Holtz, the Arizona Supreme Court adopted the "single injury " rule as the correct rule to be applied in multiple collision, indivisible injury cases. This
rule imposes joint and several liability on independent tortfeasors if the jury finds no reasonable basis upon which to apportion damages among those defendants. 101 Ariz. at 250-51, 418 P.2d at 587-88.
This case, however, is a crashworthiness case, not a multiple collision case, and there is no Arizona case that applies the single injury rule in a crashworthiness case. Jurisdictions are divided on the degree and burden of proof necessary to establish damages in crashworthiness cases. Some jurisdictions follow Huddell v. Levin, 537 F.2d 726, 738 (3d Cir.1976), which held that under New Jersey law the burden was on the plaintiff to establish the nature and extent of enhanced injuries. See, e.g., Stonehocker v. General Motors Corp., 587 F.2d 151 (4th Cir.1978) (applying South Carolina law). The reasoning given for this result is that where it is impossible for a plaintiff to prove what injuries would have resulted absent the alleged defect, the plaintiff simply fails to establish his prima facie case, i.e., that it is more probable than not that the alleged defect aggravated or enhanced the injuries resulting from the first collision. Caiazzo v. Volkswagenwerk A.G., 647 F.2d 241, 251 (2d Cir.1981) (applying New York law).
However, other jurisdictions have specifically rejected the Huddell rationale. See, e.g., Shipp v. General Motors Corp., 750 F.2d 418 (5th Cir.1985) (applying Texas law); McLeod v. American Motors Corp., 723 F.2d 830 (11th Cir.1984) (applying Florida law). In Mitchell v. Volkswagenwerk AG, 669 F.2d 1199, 1207-08 (8th Cir.1982), the Eighth Circuit reasoned that the Huddell rationale as applied in a crashworthiness case involving an indivisible injury would generally result in complete exoneration of the manufact
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