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FITZGERALD v. MARICOPA COUNTY

No. 1 CA-CIV 1024.

14 Ariz. App. 48 (1971)

480 P.2d 385

William A. FITZGERALD and Margaret A. Fitzgerald, husband and wife, Appellants and Cross-Appellees, v. MARICOPA COUNTY, a body politic, Appellee and Cross-Appellant, Maricopa County Municipal Water Conservation District No. 1, a body politic, the J.G. Boswell Company, the Del E. Webb Development Company, Appellees.

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

Rehearing Denied March 19, 1971.

Review Denied April 13, 1971.

Attorney(s) appearing for the Case

Langerman, Begam & Lewis, P.A. by Frank Lewis, Phoenix, for appellants and cross-appellees.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by John H. Westover, Phoenix, for appellee and cross-appellant.

Moore, Romley, Kaplan, Robbins & Green by Kenneth J. Sherk, Phoenix, for appellees Maricopa County Municipal Water Conservation Dist. No. 1, and Del E. Webb Development Co.

Snell & Wilmer by Roger W. Perry, Phoenix, for appellee J.G. Boswell Co.

JACOBSON, Judge.

This is an appeal from a judgment entered on a jury's verdict in favor of defendant Maricopa County and the entry of directed verdicts in favor of the other defendants. The primary questions for review concern the giving of a contributory negligence instruction, the failure to instruct on gross or wanton negligence and the failure to instruct on intervening cause. Considering first the jury verdict in favor of Maricopa County and taking the evidence...

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