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Torts Keyed to Dobbs
Diaz v. Phoenix Lubrication Service, Inc.
Citation:
230 P.3d 718 (Ariz. Ct. App. 2010).Facts
One of the Plaintiffs, Joseph Bryant Diaz (“Bryant”), took the Volvo owned by his two parents, the other Plaintiffs, to a Jiffy Lube for an oil change. The Defendant, Phoenix Lubrication Service, Inc., owned this particular Jiffy Lube franchise. The oil change service purchased by Bryant included a check of the Volvo’s tire pressure. While the Defendant did offer a separate tire rotation service and inspection for an additional fee, but Bryant only purchased the oil change service and did not recall asking the Defendant to perform any work on the Volvo’s tires or to inspect the tires’ condition.
A few weeks later, Bryant was driving the Volvo in the rain when he lost control of the Volvo. The car traveled off of the road. Bryant suffered serious injuries including paralysis. The Plaintiffs assert that the worn condition of the tread on the inside part of the Volvo’s rear tires caused or contributed to the underling accident.
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