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Torts keyed to Robertson
Piner v. Superior Court
Citation:Supreme Court of Arizona, 1998. 192 Ariz. 182, 962 P.2d 909
On his way to work, the Plaintiff, Piner, was hit from behind by Defendant-Jones. The Plaintiff waited for the police to arrive and investigate before calling his physician to complain about pain in his neck, upper back, left arm, and head. The physician’s staff told him that the physician was unavailable and that they would call him back later that day. The Plaintiff then fixed his broken tail lights and went to work.
Later that day when driving to lunch, the Plaintiff was hit again from the rear by a car driven by Defendant-Richardson. Feeling similar symptoms and pain after this accident, the Plaintiff once again called the physician’s office and they told him once again that the physician was busy and would call him later.
The Plaintiff was unable to see his physician until several days later. After examination, the physician concluded that the Plaintiff suffered a number of injuries as a result of the collisions. But due to the nature of the injuries, neither that physician or any other has been able to attribute any particular part of the Plaintiff’s injuries to one accident or the other.
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Topic Refresher CourseNegligence: Joint Tortfeasors, Identification and Contribution