DeHONEY v. HERNANDEZ

No. 2 CA-CIV 2904.

122 Ariz. 314 (1978)

594 P.2d 1010

Franklin R. DeHONEY and Virginia R. DeHoney, husband and wife, and Donald Malquist and Mary Jo Malquist, husband and wife, doing business as the Showcase, a Co-Partnership, Appellants, v. Serapio HERNANDEZ, David Wayne Hovis, Gerald Lee Edwards, James Hill, and the City of Casa Grande, a Body Politic, John Doe, One through Five (1-5) and XYZ Corporation, One through Five (1-5), Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 6, 1978.

Review Granted January 9, 1979.


Attorney(s) appearing for the Case

Stanfield, McCarville, Coxon, Cole & Fitzgibbons, by A. Thomas Cole, Casa Grande, for appellants.

Murphy & Hazlett, by Thomas M. Murphy and Scott Goering, Tucson, for appellees.


OPINION

HOWARD, Judge.

This is an appeal from a judgment on a directed verdict for appellees. The primary question is whether the police department is liable for the losses from a burglary where the victim's premises are protected by a silent burglar alarm system connected with the police department, the police have made representations to the victim about their procedure in responding to silent burglar alarms and negligently fail to follow that procedure...

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