BROOKS v. DE LA CRUZ

No. 1 CA-CIV 953.

12 Ariz. App. 591 (1970)

473 P.2d 793

Walter Lee BROOKS, Appellant, v. Emilia DE LA CRUZ, a Minor by her Guardian ad Litem, Concha de la Cruz, Appellee.

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

Rehearing Denied September 28, 1970.

Review Denied November 10, 1970.


Attorney(s) appearing for the Case

Jennings, Strouss & Salmon, by Michael A. Beale, Phoenix, for appellant.

Harold Goldman, Phoenix, for appellee.


JACOBSON, Judge.

We review an order granting the plaintiff-appellee a new trial. We will refer to the parties as they were in the trial court.

The minor plaintiff, Emilia de la Cruz, was injured near the end of her journey across East Washington Street in the City of Phoenix when she was struck by an automobile driven by the defendant Walter Lee Brooks. Emilia was in marked crosswalk at the time. She was five years old, and in the company of her aunt, Lorenza...

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