CONNORS v. PARSONS

No. 1 CA-CV 89-571.

169 Ariz. 247 (1991)

818 P.2d 232

Margaret Jean CONNORS, Plaintiff-Appellant, v. Elaine Marie PARSONS and John Doe Parsons, wife and husband, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department B.

September 24, 1991.


Attorney(s) appearing for the Case

Bresnehan, Gentile & Shriver, P.C. by Michael J. Bresnehan, Chandler, for plaintiff-appellant.

Ridenour, Swenson, Cleere & Evans by James W. Evans, Eric B. Gonzalez, Phoenix, for defendants-appellees.


OPINION

GERBER, Presiding Judge.

Appellant Margaret Jean Connors (Connors) appeals from summary judgment dismissing appellee Elaine Marie Parsons (Parsons) and her husband from a tort automobile accident suit. The trial court found that by accepting workers' compensation benefits, Connors waived her right to sue her co-employee Parsons. We hold that before a court can determine that such a waiver occurred, it must first determine whether co-employee Parsons...

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