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MAURER v. CERKVENIK-ANDERSON TRAVEL, INC.

No. 2 CA-CV 93-0175.

181 Ariz. 294 (1994)

890 P.2d 69

Larry MAURER and Linda Maurer, husband and wife, personally and on behalf of the Estate of Molly Marie Maurer, Deceased, Plaintiffs/Appellants, v. CERKVENIK-ANDERSON TRAVEL, INC., an Arizona corporation; College Tours, a division of Cerkvenik-Anderson Travel, Inc.; Dennis Anderson and Jane Doe Anderson, husband and wife; Anton Cerkvenik and Jane Doe Cerkvenik, husband and wife; and John Does I-X, Defendants/Appellees. Larry MAURER and Linda Maurer, husband and wife, personally and on behalf of the Estate of Molly Marie Maurer, Deceased, Cross-Appellees. v. CERKVENIK-ANDERSON TRAVEL, INC., an Arizona corporation; College Tours, a division of Cerkvenik-Anderson Travel, Inc.; Anton Cerkvenik and Jane Doe Cerkvenik, husband and wife. Cross-Appellants.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied December 20, 1994.

Attorney(s) appearing for the Case

Treon, Strick, Lucia & Aguirre by Arthur G. Newman, Jr. and Richard T. Treon, Phoenix, for plaintiffs/appellants/cross-appellees.

Teilborg, Sanders & Parks, P.C. by Brian R. Burt and Rick N. Bryson, Phoenix, for defendants/appellees/cross-appellants.

Jennings, Kepner and Haug by James L. Csontos, Phoenix, for defendants/appellees Dennis Anderson.

OPINION

HATHAWAY, Judge.

In this action for the wrongful death of their daughter Molly, plaintiffs/appellants Maurers appeal from the trial court's grant of summary judgment in favor of defendants/appellees Cerkvenik-Anderson Travel, Inc., College Tours, Dennis Anderson and Anton Cerkvenik (collectively, "CA") on the basis that CA had no duty to Molly regarding the tour package she purchased. CA cross-appeals the court's denial of summary judgment sought...

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