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HOLLAND v. KITTERMAN

No. 1 CA-CIV 963.

14 Ariz. App. 179 (1971)

481 P.2d 549

Wayne O. HOLLAND and Joan Holland, his wife, Hartford Fire Insurance Company, a corporation, Appellants, v. James O. KITTERMAN and Mary E. Ferland, d/b/a Ferland Painting & Decorating Co., and Homes & Sons Construction Co., Inc., Appellees.

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

Rehearing Denied April 5, 1971.

Review Denied May 4, 1971.

Attorney(s) appearing for the Case

Herbert Mallamo, Phoenix, for appellants.

Lewis & Roca by Roger W. Kaufman, Phoenix, for appellees.

HAIRE, Judge.

Plaintiff-appellants Holland (homeowners) and Hartford Fire Insurance Company (homeowners fire insurer)1 have appealed from a judgment entered on a jury verdict for the defendant painting contractor (Ferland) and her employee (Kitterman). The primary contention raised concerns the trial court's failure to give the jury a res ipsa loquitur instruction requested by plaintiffs.

Plaintiffs alleged in their complaint...

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