COCA-COLA BOTTLING COMPANY OF TUCSON v. FITZGERALD

No. 2 CA-CIV 71.

3 Ariz. App. 303 (1966)

413 P.2d 869

COCA-COLA BOTTLING COMPANY OF TUCSON, Inc., an Arizona corporation, Appellant, v. James C. FITZGERALD and Stella D. Fitzgerald, husband and wife, Appellees.

Court of Appeals of Arizona.

Rehearing Denied May 26, 1966.

Review Denied June 21, 1966.


Attorney(s) appearing for the Case

Chandler, Tullar, Udall & Richmond, by D.B. Udall, Tucson, for appellant.

Martin H. Schulman, Tucson, for appellees.


HATHAWAY, Judge.

The appellees, James C. Fitzgerald and Stella D. Fitzgerald, husband and wife, obtained a $5,000 judgment entered on a jury verdict against the appellant, Coca-Cola Bottling Company of Tucson, Inc., an Arizona corporation. The judgment, from which appellant has taken this appeal, was for personal injuries sustained by Mr. Fitzgerald. Briefly the facts are as follows.

As he came on duty the evening of May 10, 1961, Mr. Fitzgerald, a jailer...

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