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MARISCAL v. AMERICAN SMELTING & REFINING COMPANY

No. 2 CA-CIV 1810.

24 Ariz. App. 161 (1975)

536 P.2d 1053

Luis A. MARISCAL and Lupe Mariscal, as surviving parents of Luis A. Mariscal, Jr., Appellants, v. AMERICAN SMELTING & REFINING COMPANY, a New Jersey Corporation, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied August 7, 1975.

Review Granted October 7, 1975.

Attorney(s) appearing for the Case

Gordon S. Kipps, Tucson, for appellants.

Evans, Kitchel & Jenckes, P.C., by Philip C. Tower, Phoenix, for appellee.

OPINION

HOWARD, Chief Judge.

Luis A. Mariscal, Jr. was fatally injured on the job at appellee's smelter in Hayden, Arizona. His surviving parents brought this wrongful death action against American Smelting and Refining Company (ASARCO). They appeal from the summary judgment in ASARCO's favor. The following facts are undisputed: (1) The decedent was working in a hazardous occupation as defined by A.R.S. § 23-803 (Employer's Liability Law); (2) decedent...

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