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RAWLINGS v. APODACA

No. 1 CA-CIV 7010.

151 Ariz. 180 (1985)

726 P.2d 596

David L. RAWLINGS and Elizabeth Rawlings, his wife, Plaintiffs-Appellees, v. Joseph APODACA and Jane Doe Apodaca, his wife; Farmers Insurance Company of Arizona, an Arizona corporation, Defendants-Appellants. William RANEY, Jr., Pamela Kay Raney, his wife; and Jara Enterprises, an Arizona corporation, Plaintiffs-Appellees, v. Joseph APODACA and Jane Doe Apodaca, his wife, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department C.

July 25, 1985.

Attorney(s) appearing for the Case

Martori, Meyer, Hendricks & Victor, P.A. by R. Douglas Dalton, Ron Kilgard, Phoenix, for plaintiffs-appellees Rawlings.

Jennings, Strouss & Salmon by John A. Micheaels, Jefferson L. Lankford, Phoenix, for plaintiffs-appellees Raneys & Jara Enterprises.

Dake, Hathaway, Fritz & Swan, P.A. by Milton W. Hathaway, Jr., Teresa Goering, Phoenix, for defendants-appellants Apodaca & Farmers Ins.

OPINION

BROOKS, Judge.

This case arises out of a fire which occurred on West Elliot Road in Laveen, Arizona on July 25, 1979. The fire engulfed property owned by the defendants Apodaca on the west, a dairy farm to the east owned by the plaintiffs Rawlings, and a vacant lot in between these two properties. At the time of the fire, the Rawlingses were leasing a portion of their dairy farm to William Raney. The Rural Metro Fire Department was called to the scene...

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