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KAUFFMAN v. SCHROEDER

No. 12665.

116 Ariz. 104 (1977)

568 P.2d 411

William W. KAUFFMAN, Appellant, v. Bernice A. SCHROEDER, as Personal Representative of the Estate of Albert J. Schroeder, Deceased, Appellee.

Supreme Court of Arizona, In Division.

July 6, 1977.

Attorney(s) appearing for the Case

Sorenson, Esser & Moore by H. Jeffrey Coker, George Sorenson, Phoenix, for appellant.

Divelbiss & Gage by G. David Gage, Phoenix, for appellee.

STRUCKMEYER, Vice Chief Justice.

This is an action in negligence against William W. Kauffman for the wrongful death of Albert J. Schroeder. Jurisdiction is pursuant to Rule 47(e), A.R.S., Rules of the Supreme Court. Judgment of the Superior Court is reversed and this cause is remanded for a new trial.

Kauffman asserts that the evidence presented at trial left unclear whether decedent, a pedestrian, was inside an...

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