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BURNS v. BURNS

No. 2 CA-CIV 1538.

21 Ariz. App. 337 (1974)

519 P.2d 190

Virgil David BURNS, Appellant, v. Beverly J. BURNS, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 9, 1974.

Review Granted May 7, 1974.

Attorney(s) appearing for the Case

Miller, Pitt & Feldman, P.C., by Barry N. Akin, Tucson, for appellant.

Lesher & Scruggs, P.C., by Robert O. Lesher, Tucson, for appellee.

OPINION

HOWARD, Judge.

May a spouse sue the former spouse for negligence after the parties have been divorced? That is the issue in this case.

On May 27, 1972, appellant, while a passenger in an automobile driven by appellee, was seriously injured in an automobile accident cause by appellee's negligence. Although married at the time of the accident, apparently they were not happy as they had separated one month before and appellee had consulted an...

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