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SERNA v. STATEWIDE CONTRACTORS, INC.

No. 1 CA-CIV 416.

6 Ariz. App. 12 (1967)

429 P.2d 504

William Lee SERNA and Sharon Lorraine Serna, Minors, by and through their guardian ad litem, Margaret Serna, and Margaret Serna, individually, and Catherine Lopez and Eleanor Lopez, minors, by and through their guardian ad litem, Charlotte Lopez, and Charlotte Lopez, individually, Appellants, v. STATEWIDE CONTRACTORS, INC., a foreign corporation, Appellee.

Court of Appeals of Arizona.

Rehearing Denied July 31, 1967.

Review Denied October 13, 1967.

Attorney(s) appearing for the Case

John J. Dickinson and Charles M. Brewer, Phoenix, for appellants.

Lewis, Roca, Scoville, Beauchamp & Linton, by Terry D. Oehler and James Moeller, Phoenix, for appellee.

CAMERON, Chief Judge.

This is an appeal from the granting of a motion for summary judgment in favor of the defendant, Statewide Contractors, Inc. The plaintiffs are the widows and children of two unskilled laborers who were killed when a ditch they were digging caved in on them. The plaintiffs brought an action for wrongful death against the defendant employer, alleging that the deaths were the result of the employer's willful misconduct within the meaning of A.R...

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