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RIGNEY v. SUPERIOR COURT, IN AND FOR CTY. OF PIMA

No. 2 CA-CIV 1239.

17 Ariz. App. 546 (1972)

499 P.2d 160

Mary Elizabeth RIGNEY, Petitioner, v. SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF PIMA, Honorable Jack G. Marks, Judge Thereof; Hugh W. PUCKETT and Mary D. Puckett, husband and wife, M.M. Sundt Construction Company, a corporation, Arizona Highway Department, a department of the Government of the State of Arizona, Real Parties in Interest, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied August 21, 1972.

Review Denied October 10, 1972.

Attorney(s) appearing for the Case

Dowdall, Harris, Hull & Terry, by Robert Allen Schuler, Tucson, for petitioner.

Holesapple, Conner, Jones, McFall & Johnson, by Edmund D. Kahn, Tucson, for respondents Pucketts.

Browder & Gillenwater, P.C., by Robert W. Browder, Phoenix, for respondent M.M. Sundt.

Gary K. Nelson, Atty. Gen., Phoenix, by Leonard Everett, Special Asst. Atty. Gen., Tucson, for respondent Arizona Highway Dept.

KRUCKER, Chief Judge.

The petitioner is the plaintiff in a pending lawsuit and via this special action challenges the respondent court's granting the motion of defendants Puckett to amend their answer and, in accordance therewith, amending the pre-trial order. The sequence of events is as follows.

The plaintiff, while riding as a passenger in a car owned by K & D Construction Company, and driven by Kenneth K. Kamrath, was injured when the Kamrath vehicle...

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