HILDEBRAND v. MINYARD

No. 1 CA-CIV 1502.

16 Ariz. App. 583 (1972)

494 P.2d 1328

Joella HILDEBRAND, surviving spouse of George Hewitt Hildebrand, Deceased, Appellant, v. George W. MINYARD and Jane Doe Minyard, husband and wife, and Green Thumb Fertilizer & Spreading Co., Inc., an Arizona corporation, Appellees.

Court of Appeals of Arizona. Division 1.

Rehearing Denied April 21, 1972.

Review Denied June 6, 1972.


Attorney(s) appearing for the Case

Renaud, Cook, Miller & Cordova, P.A. by J. Gordon Cook, Phoenix, for appellant.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Robert G. Beshears and James A. Teilborg, Phoenix, for appellees Minyard.

Jennings, Strouss & Salmon by John S. Hobbs, Phoenix, for appellee Green Thumb Fertilizer & Spreading Co.


HOWARD, Judge.

Appellant, plaintiff below, appeals from an adverse jury verdict. The issue in this case revolves around the trial court's giving of an instruction on assumption of risk which appellant claims was unwarranted by the evidence.

Plaintiff's decedent, George Hildebrand, was killed on January 8, 1968, while working on a Michigan loader that he had parked between two buildings within the Herseth Packing Company yard. The decedent was crushed by the...

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