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OHIO FARMERS INS. CO. v. NORMAN

No. 2 CA-CIV 2957.

122 Ariz. 330 (1979)

594 P.2d 1026

OHIO FARMERS INSURANCE CO., a corporation, and Unigard Insurance Company, a corporation, Plaintiffs/Appellees, v. Donald R. NORMAN, d/b/a Li'l Abners Steak House, Donald R. Norman and Mary N. Norman, husband and wife, and George Sadler, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 18, 1979.

Review Denied May 8, 1979.

Attorney(s) appearing for the Case

Everett, Bury & Moeller, P.C. by David C. Bury, Tucson, for plaintiffs/appellees.

Lesher, Kimble & Rucker, P.C. by Monte C. Clausen, Tucson, for defendants/appellants.

OPINION

HOWARD, Judge.

Can a master be held liable to third persons for a negligent act of his servant even though the master has expressly forbidden the act? That is the main and determinative issue here. We hold that the master can be liable under such circumstances and affirm.

This case was tried to the court sitting without a jury. Appellees are the subrogees of Lawrence and Ethylwin Lewis. The facts, considered in the light most favorable to appellees...

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