Callender V. Transpacific Hotel Corp‪.‬

Plaintiffs/appellants John Scott Callender and Marilyn Wolfsen appeal from an adverse jury verdict in their negligence action against defendant/appellee Transpacific Hotel Corporation, and the trial court's denial of their motion for new trial.*fn1 On appeal, Callender contends that the trial court erred in refusing his jury instructions on negligence per se based on the statutory prohibition against delivery of more than two spirituous liquor beverages to one person at one time by a liquor licensee, and on the common law duties of a licensee. Callender further argues that he is entitled to a new trial because Transpacific's counsel "might have gained an unfair advantage" by referring to an appellate memorandum decision, in violation of Ariz. R. Civ. App. P. 28, 17B A.R.S. Lastly, Callender argues that the trial court erred in denying his motion for new trial because the jury's verdict was contrary to the weight of the evidence. We affirm.