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STATE v. CRESS

No. 1 CA-CIV 1920.

22 Ariz. App. 490 (1974)

528 P.2d 876

The STATE of Arizona and Ashton Construction Co., Inc., Appellants, v. Lois F. CRESS, as surviving spouse of Carl Chester Cress, Jr., and as Administratrix of the Estate of Carl Chester Cress, Jr., Decedent, Appellee.

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

Rehearing Denied January 13, 1975.

Review Denied February 11, 1975.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingworth & Beshears, P.C. by Richard McC. Shannon, John H. Westover, Phoenix, for appellants.

Gibson, Gibson & Schoeph by Franklin K. Gibson, Phoenix, and Thomas M. Eckhardt and Robert C. Youmans by Thomas M. Eckhardt, San Bernardino, Cal., and Thomas T. Anderson, Indio, Cal., for appellee.

OPINION

OGG, Judge.

This court is asked by defendants-appellants Ashton Construction Company and the State of Arizona to review a wrongful death action which terminated in a verdict for plaintiffs-appellees Lois F. Cress and Kim Cress in the sum of $216,000. Appellants raise three contentions of error: Failure of the trial court to grant defendants' motion for directed verdict, improper instruction to the jury...

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