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SCHMIDT v. GIBBONS

No. 7181 P.R.

101 Ariz. 222 (1966)

418 P.2d 378

Florence SCHMIDT, surviving spouse of Frank J. Schmidt, deceased, individually and for and on Behalf of Gail Schmidt, surviving daughter of Frank J. Schmidt, deceased, Appellant, v. J.L. GIBBONS and Frances Gibbons, his wife, dba Arizona Cement Transportation Company, and William D. Eisele and Irene Eisele, his wife, Appellees.

Supreme Court of Arizona, In Banc.

Rehearing Denied October 25, 1966.

Attorney(s) appearing for the Case

Belli, Ashe, Gerry & Ellison, San Francisco, Cal., Cordova, Goss & Mariscal, Phoenix, for appellant.

Fennemore, Craig, Allen & McClennen, Phoenix, for appellees.

American Trial Lawyers Association as amicus curiae.

LOCKWOOD, Justice.

This is a wrongful death action brought by the surviving spouse and daughter of Frank J. Schmidt, deceased. The cause of death was an automobile accident in which the decedent crashed into the rear end of a truck owned by the defendant (appellee herein) which was parked on the highway. Judgment was for the defendant and the plaintiff appealed. The Court of Appeals affirmed the trial court's judgment in 3 Ariz.App. 147

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