BREWER v. FOOD GIANT SUPERMARKETS, INC.

No. 2 CA-CIV 2918.

121 Ariz. 216 (1978)

589 P.2d 459

T. Nell BREWER, Plaintiff-Appellant, v. FOOD GIANT SUPERMARKETS, INC., an Arizona Corporation, Defendant-Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 20, 1978.

Review Denied January 16, 1979.


Attorney(s) appearing for the Case

Ronald D. Mercaldo, Tucson, for plaintiff-appellant.

Udall, Shumway, Blackhurst, Allen, Bentley & Lyons by David K. Udall, Mesa, for defendant-appellee.


OPINION

HATHAWAY, Judge.

Appellant brought suit after the statute of limitations had run on her claim for personal injuries. Rejecting appellant's defense of estoppel, the trial court granted appellee's motion for summary judgment. We agree that no genuine issue of fact as to estoppel was raised and affirm.

The claim is in tort and arose when appellant fell in appellee's store on December 21, 1974. A.R.S. Sec. 12-542 bars this action, filed on July...

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