KEPNER v. WESTERN FIRE INSURANCE COMPANY

No. 1 CA-CIV 1587.

16 Ariz. App. 549 (1972)

494 P.2d 749

James H. KEPNER and Shirley Kepner, husband and wife, and Walter James Kepner, a minor by and through his next friend James H. Kepner, Appellants, v. The WESTERN FIRE INSURANCE COMPANY, a Kansas corporation, Appellee.

Court of Appeals of Arizona, Division 1.

Rehearing Denied April 14, 1972.

Review Granted June 20, 1972.


Attorney(s) appearing for the Case

Jack M. Anderson, John S. Schaper, Phoenix, for appellants.

Renaud, Cook, Miller & Cordova, by James M. Videan, Phoenix, for appellee.


KRUCKER, Chief Judge.

On February 28, 1966, Walter Kepner, then four years old, suffered a severe laceration of the skull and the brain from an open power saw. The injury occurred upon the premises of Harry and Velma Kepner, the child's grandparents, while Walter was being cared for by his grandmother, Velma Kepner, so that his father, James Kepner, could work in the grandfather's swimming pool service business. At the time of the injury the saw was being operated...

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