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DeELENA v. SOUTHERN PAC. CO.

No. 13600.

121 Ariz. 563 (1979)

592 P.2d 759

Jose DeELENA, as Personal Representative of the Estate of Antonia Mora DeElena, Deceased, for and on behalf of Jose DeElena and Pedro DeElena, the surviving children of Antonia Mora DeElena, Deceased, Appellant, v. SOUTHERN PACIFIC COMPANY, a Delaware Corporation, Southern Pacific Transportation Company, a Foreign Corporation, and Albert V. Sloper, Appellees.

Supreme Court of Arizona, In Banc.

Rehearing Denied March 27, 1979.

Attorney(s) appearing for the Case

Thur, Preston & Hungerford by Calvin C. Thur, Scottsdale, Carl Waag, Tucson, for appellant.

Evans, Kitchel & Jenckes by F. Pendleton Gaines, III, David L. Beaugureau, Phoenix, for appellees.

STRUCKMEYER, Vice Chief Justice.

This is an appeal by Jose DeElena from a jury verdict in favor of appellees and an order denying his motion for a new trial. Jurisdiction was acquired pursuant to Rule 19(e), Arizona Rules of Civil Appellate Procedure, 17A A.R.S.

At about 4:30 p.m. on December 18, 1972, appellant's mother, Antonia Mora DeElena, age 51, was killed when the adult tricycle she was riding was struck by the engine of a southbound Southern Pacific...

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