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HERDERICK v. STATE

No. 1 CA-CIV 2250.

23 Ariz. App. 111 (1975)

530 P.2d 1144

Carolyn Sue HERDERICK, Individually and as Guardian of the Estates of Glen William Herderick, James Douglas Herderick and Michael Todd Herderick, minors, Appellants, v. STATE of Arizona, D.M. McHenry and Penelope D. McHenry, husband and wife, Appellees.

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

Rehearing Denied February 24, 1975.

Review Denied April 1, 1975.

Attorney(s) appearing for the Case

Langerman, Begam, Lewis, Leonard & Marks, P.A. by Stanley J. Marks and Steven M. Friedman, Phoenix, for appellants.

Snell & Wilmer by J. Michael Hennigan and John J. Bouma, Phoenix, for appellees.

OPINION

JACOBSON, Presiding Judge.

This appeal involves the determination of the duty owed by a police officer to occupants of a vehicle which he is pursuing because of an infraction of traffic laws.

The appellants, being the wife and surviving children of the deceased, James Dennis Herderick, brought this wrongful death action against appellee, D.M. McHenry, a highway patrolman, and his employer, the State of Arizona. Following discovery procedures...

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