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McGRIFF v. McGRIFF

No. 12738-PR.

114 Ariz. 323 (1977)

560 P.2d 1230

Hezekiah McGRIFF, Jr., Appellant, v. Snelson W. McGRIFF and Lillian McGriff, his wife, Appellees.

Supreme Court of Arizona, In Banc.

February 17, 1977.

Attorney(s) appearing for the Case

Kleinman, Carroll & Kleinman by Jan L. Kleinman, Phoenix, for appellant.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Michael E. Wolfe, Jolyon Grant, Phoenix, for appellees.

STRUCKMEYER, Vice Chief Justice.

This action was commenced by Hezekiah McGriff, Jr., against his brother, Snelson W. McGriff, and Lillian McGriff, Snelson's wife, for personal injuries sustained in a one-car accident. A verdict for the defendants was appealed. The Court of Appeals reversed, holding that the trial court had erroneously instructed the jury as to the applicability of the defense of assumption of risk, 26 Ariz.App. 430

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