ELLIS v. CARISTI

No. 2 CA-CIV 2475.

117 Ariz. 279 (1977)

572 P.2d 107

Billy G. ELLIS, Sr., and Velma L. Ellis, husband and wife, Appellants, v. Francis CARISTI and Marsha Caristi, husband and wife, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 10, 1977.

Review Denied November 29, 1977.


Attorney(s) appearing for the Case

Leighton H. Rockafellow, Tucson, for appellants.

Bilby, Shoenhair, Warnock & Dolph, P.C., by Michael Lacagnina and David A. Paige, Tucson, for appellees.


OPINION

RICHMOND, Judge.

Appellant Billy G. Ellis, Sr., was injured when he fell from a sawhorse while helping his neighbor, Francis Caristi, erect a brick wall to enclose the latter's carport. The sawhorse had been assembled by Caristi, using 2 X 4 lumber and metal fittings from a kit but omitting metal wedges provided in the kit that would have made the sawhorse sturdier. The trial court directed a verdict in favor...

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