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MALINSKI v. PEMBER

No. 1 CA-CIV 718.

9 Ariz. App. 444 (1969)

453 P.2d 540

Caroline MALINSKI, as Administratrix of the Estate of Lawrence Malinski, Deceased, Appellant, v. Kenneth Gary PEMBER and Ben Mayer, John Does I, II, III, dba Ben's Market, Appellees.

Court of Appeals of Arizona.

April 23, 1969.

Attorney(s) appearing for the Case

Harrison, Strick, Myers & Singer and Gorey & Ely, by Mark I. Harrison, Phoenix, for appellant.

Trew & Woodford, by R.R. Woodford, Phoenix, for appellees.

HATHAWAY, Judge.

This appeal arises out of a lawsuit brought for the wrongful death of Lawrence Malinski, who was killed when the motorcycle he was riding collided with an automobile in Phoenix, Arizona, on September 10, 1963.* The case was tried to a jury which returned a verdict in favor of the defendant and against the plaintiff.

The plaintiff contends that the trial court erred in instructing the jury in mandatory rather than...

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