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HENSHAW v. MAYS

No. 1 CA-CIV 1860.

20 Ariz. App. 300 (1973)

512 P.2d 604

Rosie HENSHAW, surviving spouse of Sylvester Henshaw, Deceased, for herself and their minor children, Donald Leslie Henshaw, Kay Ann Henshaw and Rosie May Henshaw, Appellants, v. James M. MAYS and Doris Mays, his wife; and the Salt River Project Agricultural Improvement and Power District, a municipal corporation, Appellees.

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

Rehearing Denied September 5, 1973.

Reviews Denied October 16, 1973.

Attorney(s) appearing for the Case

Richard Kamps, and Dennis J. Skarecky, Phoenix, for appellants.

Johnson, Shelley, Roberts & Riggs by John Rasmussen, Mesa, for appellees Mays.

Jennings, Strouss & Salmon by Jon L. Kyl and Gary L. Stuart, Phoenix, for appellees Salt River Project and Hallcraft Homes.

JACOBSON, Chief Judge, Division 1.

This appeal raises the question as to whether plaintiffs who are receiving benefits under the workmen's compensation laws of Arizona may maintain an action against allegedly negligent third party tortfeasors more than one year after the cause of action accrued.

The material facts giving rise to this appeal are not in dispute. On January 31, 1970, Sylvester Henshaw was killed in the course of his employment as a citrus fruit...

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