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ARIZONA REFRIGERATION SUPPLIES, INC. v. BROOKSHIRE

No. 1 CA-CIV 1212.

13 Ariz. App. 481 (1970)

477 P.2d 767

ARIZONA REFRIGERATION SUPPLIES, INC., an Arizona corporation, and Frank Keenan Heeley and Jane Doe Heeley, husband and wife, Appellants, v. Hester Pearl BROOKSHIRE, and Richard F. Brookshire, wife and husband, Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied January 18, 1971.

Review Denied February 23, 1971.

Attorney(s) appearing for the Case

Renaud, Cook, Miller & Cordova by J. Gordon Cook, Phoenix, for appellants.

States, Meyer, & Vucichevich by Rad L. Vucichevich, Phoenix, for appellees.

JACOBSON, Judge.

The trial court's granting of a new trial to a losing plaintiff, primarily based upon lack of evidence, to support an instruction on contributory negligence, is called into question on this appeal.

Plaintiffs-appellees, Hester Pearl Brookshire and Richard F. Brookshire brought an action for personal injuries suffered by Mrs. Brookshire arising out of an automobile accident, against defendants-appellants, Frank Keenan Heeley and his employer...

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