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McCURDY v. STAGE

No. 2 CA-CIV 3206.

124 Ariz. 151 (1979)

602 P.2d 819

Iris McCURDY, surviving spouse of Ernest E. McCurdy, deceased, and Iris McCurdy, as personal representative of Ernest McCurdy, Jr., Leland McCurdy, Erich McCurdy, and Eron McCurdy, Plaintiff-Appellant, v. Andrew W. STAGE and Bertha Stage, husband and wife, Defendants-Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied October 24, 1979.

Review Denied November 14, 1979.

Attorney(s) appearing for the Case

Haralson, Kinerk & Morey, P.C. by Carter Morey, Tucson, for plaintiff-appellant.

Chandler, Tullar, Udall & Redhair by D.B. Udall, Tucson, for defendants-appellees.

OPINION

HATHAWAY, Judge.

This is an appeal from a judgment for appellees, defendants below, (hereinafter driver) in a wrongful death action. The sole issue on appeal is whether the trial court properly refused to give appellant's requested instruction on last clear chance. We affirm.

The evidence, viewed to support appellant's request, Schneider v. Macari, 111 Ariz. 483, 533 P.2d 540

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