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SEQUOIA MFG. CO., INC. v. HALEC CONST. CO.

No. 1 CA-CIV 3134.

117 Ariz. 11 (1977)

570 P.2d 782

SEQUOIA MANUFACTURING COMPANY, INC., a California Corporation, Appellant, v. HALEC CONSTRUCTION CO., INC., an Arizona Corporation, Maricopa Tractor Company, Inc., an Arizona Corporation, Michael Frey and Debra Frey, husband and wife, Appellees. MARICOPA TRACTOR COMPANY, INC., an Arizona Corporation, Appellant, v. HALEC CONSTRUCTION CO., INC., an Arizona Corporation, Michael Frey and Debra Frey, husband and wife, Appellees. Michael FREY and Debra Frey, husband and wife, Appellees and Cross-Appellants, v. SEQUOIA MANUFACTURING CO., INC., a California Corporation, Maricopa Tractor Company, Inc., an Arizona Corporation, Appellants and Cross-Appellees.

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

Review Denied October 25, 1977.

Attorney(s) appearing for the Case

Maupin & Wilson by Donald R. Wilson, William G. Fairbourn, Phoenix, for Sequoia Mfg. Co., Inc.

Anderson & Holloway by Jack M. Anderson and John S. Schaper, Phoenix, for Maricopa Tractor Co., Inc.

Jones, Teilborg, Sanders, Haga & Parks, P.C. by William R. Jones, Jr., James A. Teilborg, Phoenix, for Michael and Debra Frey.

Robbins, Green, O'Grady & Abbuhl, P.A. by Philip A. Robbins, Phoenix, for Halec Const. Co., Inc.

OPINION

NELSON, Presiding Judge.

This complicated litigation arose as a result of the failure of a roll-over protection structure (ROPS) attached to a 450 Case tractor being operated by appellee and cross-appellant Michael Frey (Michael). When the ROPS collapsed, Michael was struck on the back of the head and neck by the twelve hundred pound canopy, causing him almost total permanent paralysis from the neck down.

At the time of the accident, Michael...

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