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CITY OF PHOENIX v. KENLY

No. 1 CA-CIV 1940.

21 Ariz. App. 394 (1974)

519 P.2d 1159

CITY OF PHOENIX, Appellant, v. Frank KENLY and Zona Kenly, Appellees.

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

Rehearing Denied April 25, 1974.

Review Denied May 21, 1974.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Jeffrey B. Smith, Phoenix, for appellant.

Johnson & Shaw, Phoenix, for appellee Zona Kenly.

Browder & Gillenwater, P.C., by Robert W. Browder, Phoenix, for appellees Kenly.

OPINION

OGG, Judge.

Plaintiffs in the trial court filed a tort and wrongful death action against the appellant City of Phoenix (City). Subsequently, a similar action was filed by the same plaintiffs against the appellees Frank and Zona Kenly (Kenly). These actions were consolidated for trial and thereafter the City filed a cross-claim against Kenly seeking indemnity.

The original cause of action arose out of an incident wherein a large tree limb fell...

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