KILPATRICK v. SUPERIOR COURT

No. 9538.

105 Ariz. 413 (1970)

466 P.2d 18

Wendell C. KILPATRICK, Arthur J. Bowling, John Hempler, Harvey Lewellen, Vernon Groves, Tom Cobb, and Zane Porter, Petitioners, v. SUPERIOR COURT of Arizona, IN AND FOR the COUNTY OF MARICOPA, the Honorable Morris Rozar; Roy Miller, as surviving father of Carolyn J. Miller, deceased, on behalf of himself and his wife, Annie M. Miller, surviving mother of Carolyn J. Miller, deceased, and Antonia Almanza, as surviving spouse of Cirilo Almanza, deceased, Respondents.

Supreme Court of Arizona, In Banc.

February 27, 1970.


Attorney(s) appearing for the Case

Jennings, Strouss & Salmon, by Rex Lee, Phoenix, for petitioners.

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

Carson, Messinger, Elliott, Laughlin & Ragan, Lee R. Perry, and Browder, Gillenwater & Daughton, Phoenix, amici curiae.


STRUCKMEYER, Vice Chief Justice.

Petitioners applied to this Court for a writ of certiorari to review the action of the court below in denying their motion for summary judgment. We granted the writ to determine whether under the Constitution and the Workmen's Compensation Law of Arizona an action may be maintained by an employee for damages against a fellow employee predicated on negligence arising out of and in the course of employment.

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