MASSENGILL v. YUMA COUNTY

Nos. 1 CA-CIV 731 to 733.

9 Ariz. App. 281 (1969)

451 P.2d 639

Homer A. MASSENGILL and Ruby Massengill, Administrators of the Estate of George B. Platt II, Deceased; Homer A. Massengill and Ruby Massengill, Administrators of the Estate of Billie M. Platt, Deceased, Appellants, v. YUMA COUNTY; Travis Yancey, Sheriff of Yuma County; and Earl W. Keenum, Appellees. Eva McCULLOUGH, surviving widow of Robert M. McCullough, Deceased, Appellant, v. YUMA COUNTY; Travis Yancey, Sheriff of Yuma County; and Earl W. Keenum, Appellees. Harry CARNEAL and Mary Carneal, his wife, Appellants, v. YUMA COUNTY; Travis Yancey, Sheriff of Yuma County; and Earl W. Keenum, Appellees.

Court of Appeals of Arizona.

Rehearing Denied April 10, 1969.

Review Granted May 6, 1969.


Attorney(s) appearing for the Case

Moore, Romley, Kaplan, Robbins & Green, by Craig R. Kepner, Phoenix, for appellants.

Browder, Gillenwater & Daughton, by Robert W. Browder, Phoenix, for appellees.


MOLLOY, Judge.

The common question before us in these three consolidated appeals is whether plaintiffs-appellants have stated a claim upon which relief can be granted against the three defendants-appellees. The complaints here tested alleged the negligent failure of a deputy sheriff to arrest two law-violating drivers whose subsequent conduct resulted in the death of the plaintiffs' decedents.

Plaintiffs' decedents were killed shortly after midnight on August...

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