Dart v. Wiebe Mfg., Inc

Dart v. Wiebe Mfg., Inc., 147 Ariz. 242, 244, 709 P.2d 876, 878 (1985) holds that an error in giving jury instructions is reversible only if it also misapplies the law. Id. In Dart, the trial court misapplied the law by issuing a negligence instruction when a strict liability instruction was required. Id. at 249-50, 709 P.2d at 883-84. The supreme court held that the trial court "committed prejudicial error because the legal theories properly advanced by plaintiff were misapplied and mischaracterized." Id. at 250, 709 P.2d at 884.