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HOSOGAI v. KADOTA

No. 17665-PR.

145 Ariz. 227 (1985)

700 P.2d 1327

Michiko HOSOGAI, a surviving widow, individually and on behalf of the surviving children of Fukuo Hosogai, deceased, Plaintiffs-Appellants, v. Hiroshi KADOTA, or if deceased, John Doe I, the personal representative or administrator of the estate of Hiroshi Kadota and John Doe II guardian if Hiroshi Kadota is mentally incompetent, Defendant-Appellee.

Supreme Court of Arizona, En Banc.

Reconsideration Denied March 12, 1985.

Attorney(s) appearing for the Case

Monbleau, Vermeire & Turley by Albert Vermeire, Kent E. Turley and Christopher J. Bork, Phoenix, for plaintiffs-appellants.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by John H. Westover, Larry L. Smith and Brian C. Bond, Phoenix, for defendant-appellee.

HAYS, Justice.

On March 25, 1976, Michiko Hosogai, petitioner/appellant, sued Hiroshi Kadota, respondent/appellee, for the wrongful death of her husband. In this first action (Hosogai I), the jury awarded petitioner $225,000 in damages. This verdict was overturned on appeal because the trial court lacked personal jurisdiction over appellee due to defective service of process. Kadota v. Hosogai, 125 Ariz. 131,

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