OLESZCZUK v. STATE

No. 14456.

124 Ariz. 373 (1979)

604 P.2d 637

Raymond J. OLESZCZUK and Micheline J. Oleszczuk, husband and wife, and natural parents of Guy Winston Oleszczuk, a Deceased Minor, and on behalf of Rick K. Oleszczuk, a minor, Appellants, v. The STATE of Arizona, a body politic, William Green and Jane Doe Green, husband and wife, Appellees.

Supreme Court of Arizona, In Banc.

December 3, 1979.


Attorney(s) appearing for the Case

Barber, Haralson & Kinerk, P.C. by Dale Haralson, Tucson, for appellants.

John A. LaSota, Jr., Former Atty. Gen., Robert K. Corbin, Atty. Gen., by Albert Morgan and James R. Redpath, Asst. Attys. Gen., Phoenix, for appellees.


CAMERON, Chief Justice.

Plaintiffs-appellants Raymond J. Oleszczuk and Micheline J. Oleszczuk appeal from an order granting defendants'-appellees' motion for summary judgment. We have jurisdiction pursuant to Rule 19(e), Rules of Civil Appellate Procedure, 17A A.R.S.

We must answer only one question on appeal: Did the State Motor Vehicle Department breach a duty to the plaintiffs when they issued a driver's license to a person with a known history of psychomotor...

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