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SAFEWAY STORES, INC. v. RAMIREZ

2 CA-CIV 33.

1 Ariz. App. 117 (1965)

400 P.2d 125

SAFEWAY STORES, INC., an Arizona corporation, doing business in the State of Arizona, and Antonio Carmona and Herlinda Carmona, his wife, Appellants, v. Geronimo RAMIREZ and Marie Ramirez, his wife, Appellees.

Court of Appeals of Arizona.

Rehearing Denied June 23, 1965.

Attorney(s) appearing for the Case

Spaid, Fish, Briney & Duffield, Tucson, by Richard C. Briney, Tucson, for appellants.

John Pintek, Bisbee, for appellees.

MOLLOY, Judge.

This is an appeal from an order of the trial court refusing to set aside default and default judgment in a "slip and fall" case.

The facts pertaining to the entry of default and default judgment, viewed in a light favorable to the trial court's decision, are these:

(1) On October 29, 1960, the plaintiff was injured while a customer in the defendants' store in Douglas, Arizona. She was sent by the assistant manager of the store to a hospital...

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