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ESTABROOK v. J.C. PENNEY COMPANY

No. 9760-PR.

105 Ariz. 302 (1970)

464 P.2d 325

John Michael ESTABROOK by and through his Guardian ad Litem, Murray A. Estabrook and Murray A. Estabrook, Appellants, v. J.C. PENNEY COMPANY, a corporation, and Otis Elevator Company, a New Jersey corporation, Appellees. OTIS ELEVATOR COMPANY, Cross-Appellant, v. J.C. PENNEY COMPANY and Estabrook, Cross-Appellees.

Supreme Court of Arizona. In Banc.

Rehearing Denied February 24, 1970.

Attorney(s) appearing for the Case

Caine, Brigham & Hocker, by R. Kelly Hocker, Tempe, for appellants, Estabrook.

Jennings, Strouss & Salmon, by Robert L. Johnson, Phoenix, for cross-appellant, Otis Elevator Co.

Kramer, Roche, Burch, Streich & Cracchiolo, by William P. French and B. Michael Dann, Phoenix, for appellee and cross-appellee, J.C. Penney Co.

HAYS, Justice.

John Michael Estabrook, a minor plaintiff, brought a personal injury action through his guardian ad litem against defendants J.C. Penney Company and Otis Elevator Company. From a trial court order granting defendant "Penneys'" motion for a new trial, plaintiff and defendant "Otis" appealed to the Court of Appeals. In Estabrook v. J.C. Penney Co., 10 Ariz.App. 114, 456 P.2d 960

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