BURGBACHER v. MELLOR

No. 11996.

112 Ariz. 481 (1975)

543 P.2d 1110

A.J. BURGBACHER and Ralph G. Burgbacher, dba Park Central Medical Building, a partnership, Appellants, v. Anna MELLOR, surviving spouse of Joseph H. Mellor, Deceased, Appellee.

Supreme Court of Arizona, In Division.

Rehearing Denied January 27, 1976.


Attorney(s) appearing for the Case

Maupin & Wilson by Donald R. Wilson and William Gregory Fairbourn, Phoenix, for appellants.

J. William Moore, Phoenix, for appellee.


HAYS, Justice.

On a rainy afternoon, Joseph H. Mellor, a man eighty years old, slipped while hurrying across a wet exterior sidewalk near the north entrance of the Park Central Medical Building in Phoenix. He fell, striking the back of his head upon the pavement. Mellor died as a result of the brain injuries approximately two months later.

Anna Mellor, the surviving spouse, sued for the wrongful death of her husband. She alleged negligence on the part of A...

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