HICKS v. SUPERSTITION MT. POST NO. 9399, ETC.

No. 2 CA-CIV 3085.

123 Ariz. 531 (1979)

601 P.2d 294

Helen F. HICKS, Plaintiff/Appellant, v. SUPERSTITION MOUNTAIN POST NO. 9399, VETERANS OF FOREIGN WARS OF the UNITED STATES, an Arizona Corporation, Defendant/Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 9, 1979.

Review Granted June 5, 1979.


Attorney(s) appearing for the Case

Gibson & Valentic by Franklin K. Gibson, Mesa, for plaintiff/appellant.

Udall, Shumway, Blackhurst, Allen, Bentley & Lyons, P.C. by John H. Lyons, Mesa, for defendant/appellee.


OPINION

HOWARD, Judge.

This appeal arises out of a suit for personal injuries sustained by Mrs. Hicks when she fell on the V.F.W. premises. The case was tried to a jury which returned a defense verdict. The sole complaint on appeal is with respect to the jury instructions. Appellant presents the following issue:

"Did the trial court err in instructing the jury that a possessor of property is not required to give invitees notice of an obvious danger...

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