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BYARS v. ARIZONA PUBLIC SERVICE COMPANY

No. 1 CA-CIV 1958.

24 Ariz. App. 420 (1975)

539 P.2d 534

Virginia N. BYARS, Surviving mother of Lawrence Eugene Daniel, aka Gene Byars, Appellant, v. ARIZONA PUBLIC SERVICE COMPANY and El Paso Natural Gas Co., Appellees.

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

Rehearing Denied October 17, 1975.

Review Denied December 2, 1975.

Attorney(s) appearing for the Case

Westover, Keddie, Choules, Shadle & Bowen, by Ted B. Bowen, Yuma, for appellant.

Snell & Wilmer by H. William Fox, Kent E. Turley, Phoenix, for appellee Arizona Public Service.

Maupin & Wilson by Harold J. Maupin, William G. Fairbourn, Phoenix, for appellee El Paso Natural Gas Co.

OPINION

WREN, Judge.

This is an appeal from a summary judgment which dismissed plaintiff's action to recover damages for the wrongful death of her son. We find that it was properly granted.

The complaint filed by plaintiff, Virginia N. Byars, alleged that defendants, Arizona Public Service Company (APS) and El Paso Natural Gas Company (El Paso), were negligent in failing to odorize, or to properly odorize, natural gas supplied to the apartment which...

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