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K.W. DART TRUCK CO. v. NOBLE

No. 2 CA-CIV 2321.

116 Ariz. 12 (1976)

567 P.2d 328

K.W. DART TRUCK COMPANY, a corporation, and Southwest Kenworth, Inc., a corporation, Petitioners, v. Robert D. NOBLE and the Honorable William E. Druke, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 9, 1976.

Review Granted December 21, 1976.

Attorney(s) appearing for the Case

Mesch, Marquez & Rothschild, P.C., by Alfred C. Marquez, Tucson, for petitioners.

Miller, Pitt & Feldman, P.C., by Stanley G. Feldman and Janice A. Wezelman, Tucson, for respondents.

OPINION

HOWARD, Chief Judge.

In this special action the petitioners contend the respondent court abused its discretion and exceeded its jurisdiction in denying their motion to dismiss a suit against them by respondent Noble and allowing him to amend his complaint.

The facts show that Mr. Noble was injured on the job as the result of an accident on August 20, 1973, when a hydraulic hose exploded on the loader he was operating. He was, at the time of...

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