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WISENER v. STATE

No. 13926.

123 Ariz. 148 (1979)

598 P.2d 511

Jean A. WISENER and Joanne Wisener, husband and wife, and surviving parents of Mark Arthur Wisener, Deceased, Appellants, v. STATE of Arizona, Appellee.

Supreme Court of Arizona, In Banc.

July 27, 1979.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.C., by Richard McC. Shannon, P. Michael Whipple, Phoenix, for appellants.

Robert K. Corbin, Atty. Gen., Bruce E. Babbitt, former Atty. Gen., Phoenix, Jones, Teilborg, Sanders, Haga, Parks & Stephenson, by James A. Teilborg, Linda A. Drake, James R. Broening, Special Asst. Attys. Gen., Phoenix, for appellee.

GORDON, Justice:

This is an appeal from a judgment of the Superior Court granting the State of Arizona's motion for summary judgment against Jean and Joanne Wisener, the surviving parents of Mark Arthur Wisener, deceased. Taking jurisdiction pursuant to 17A A.R.S., Arizona Rules of Civil Appellate Procedure, rule 19(e), we reverse the judgment of the Superior Court.

This action arises out of a one car accident that occurred on March 18, 1973 at approximately...

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