HOHLENKAMP v. RHEEM MFG. CO.

No. 2 CA-CIV 3119.

123 Ariz. 535 (1979)

601 P.2d 298

Steven D. HOHLENKAMP, a minor, by and through his natural parents, Dennis W. Hohlenkamp and Sarah I. Hohlenkamp, Plaintiffs/Appellants, v. RHEEM MANUFACTURING COMPANY, a foreign corporation, Defendant/Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied July 3, 1979.

Review Denied October 9, 1979.


Attorney(s) appearing for the Case

Haralson, Kinerk & Morey, P.C. by Carter Morey, Tucson, for plaintiffs/appellants.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Thomas A. McGuire and Robert E. Brown, Phoenix, for defendant/appellee.


OPINION

HATHAWAY, Judge.

In this products liability action for personal injuries, the issue on appeal is whether the trial court erred when it granted appellee-defendant a partial summary judgment because it found that "a water heater having a pilot light is not unreasonably dangerous for its intended use," despite expert testimony to the contrary.

The trial court had before it depositions, exhibits and memoranda from counsel. Viewing the record in...

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