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Hutto v. Francisco3/3/2005
tively negligent for failing to install the safety belts. " nder the comparative fault statute, each person is under an obligation to act reasonably to minimize foreseeable injuries and damages." Law, 157 Ariz. at 155, 755 P.2d at 1143. Son co-owned the truck with Defendants, and was also subject to the duty to maintain the vehicle in a safe condition. But the consequence of Son's failure to install safety belts or his operation of the vehicle without them is for the jury to decide. See Ariz. Const. art. 18, § 5 (The defense of contributory negligence . . . shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury."); A.R.S. § 12-2505(A) (2003) (" ontributory negligence . . . is in all cases a question of fact and shall at all times be left to the jury."). See also Law, 157 Ariz. 147, 755 P.2d 1135 (jury can consider evidence that plaintiff did not wear available safety belt in apportioning damages in automobile negligence action).
Accordingly, we affirm the court's denial of Defendants' motion for summary judgment based on federal preemption. However, we reverse the summary judgment in favor of Defendants, and remand for further proceedings.
JEFFERSON L. LANKFORD, Presiding Judge
CONCURRING:
JOHN C. GEMMILL, Judge
JAMES B. SULT, Judge
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