SMEDBERG v. SIMONS

No. 14691.

129 Ariz. 375 (1981)

631 P.2d 530

Annie SMEDBERG, Appellant, v. Joe SIMONS and Dorothy Simons; Shirley Nielon and James B. Nielon; Attilio Napolitano and Virginia Napolitano, Appellees.

Supreme Court of Arizona, In Division.

July 10, 1981.


Attorney(s) appearing for the Case

Fred J. Pain, Jr., Harry L. Howe, Phoenix, for appellant.

Maupin & Wilson by William G. Fairbourn and Thomas G. Hayman, Phoenix, Former Attys. for appellees, Simons and Nielon.

Evans, Kitchel & Jenckes by William G. Fairbourn and John W. Main, Jr., Phoenix, for appellees, Simons and Nielon.

Johnson, Jessen, Dake & Oplinger, P.A. by G. Michael Jessen, Richard H. Oplinger, James E. Vieh, Phoenix, for appellees, Napolitano.


GORDON, Justice:

This is an appeal from a judgment for defendants-appellees and from a denial of plaintiff-appellant's motion for a new trial in an action to recover damages for personal injuries. We take jurisdiction pursuant to Rule 19(e), 17A A.R.S. Rules of Civil Appellate Procedure, and affirm.

It is appellant's position that the trial court erred in its instructions to the jury on the law of open and obvious conditions and erred in refusing to give appellant...

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