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DELAROSA v. STATE

No. 2 CA-CIV 1420.

21 Ariz. App. 263 (1974)

518 P.2d 582

Elizabeth DELAROSA, surviving widow of Cristobal Santiago Delarosa, Deceased, and as mother and next best friend of Santiago Kim Delarosa, Maria Elena Delarosa, Victor Delarosa and Angila Annette Delarosa, as surviving children of Cristobal Santiago Delarosa, Deceased; Amada Cristo, surviving parent of Joe Cristo, Deceased, and Amada Cristo, administrator of the Estate of Joe Cristo, Deceased, Appellants, v. The STATE of Arizona, Arizona State Highway Department, Motor Vehicle Division; and B.F. Nolan, as agent for the State of Arizona, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 4, 1974.

Review Denied March 26, 1974.

Attorney(s) appearing for the Case

Bernard I. Rabinovitz, Tucson, for appellants Cristo.

Kali & Allen, P.C. by Kenneth L. Allen, Tucson, for appellants Delarosa.

Everett, Bury & Moeller, P.C. by J. Michael Moeller and Leonard Everett, Tucson, for appellees.

OPINION

HATHAWAY, Chief Judge.

Appellants filed wrongful death actions against the appellees alleging a violation of duty to the decedents in failing to discover a defective emergency brake on a school bus which was allegedly permitted to come into the State of Arizona without proper inspection and for failure to maintain a safe highway. The bus was apparently parked on a shoulder of Interstate 10, about 3.3 miles from the inspection station at San Simon where...

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