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Piner v. Superior Court | 962 P.2d 909 (1998)
Many of us are familiar with the show A Series of Unfortunate Events, but what about when that becomes real life? The nineteen ninety-eight Arizona case of Piner versus Superior Court explores an interesting case of one man’s injuries from two successive car accidents.
One October Friday in nineteen ninety, William Piner’s truck was rear-ended by Billy Jones’s car when Piner stopped to let a pedestrian cross. That same day, the same thing happened when Cynthia Richardson hit Piner as he was driving to lunch. After each incident, Piner called his doctor with similar neck, back, head, and arm pain. His doctor was unable to see him until after the weekend. At his appointment that Monday, the doctor concluded that he suffered several injuries because of the collisions, though the doctor was unable to attribute any portion of the injuries to one collision over the other.
Piner sued Jones and Richardson in trial court, asserting that he suffered indivisible injuries from the successive collisions. Although it was undisputed that the collisions caused his injuries, the amount of injury attributable to each collision wasn’t known. Piner moved for partial summary judgment for joint and several liability between Jones and Richardson. The trial court denied the motion, citing that the Uniform Contribution Among Tortfeasors Act had abolished joint and several liability, and that neither relevant exception applied. However, the trial court judge permitted Piner to file a special action on the apportionment issue. The appellate court denied jurisdiction, and Arizona’s supreme court agreed to review the case.
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