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MAAKE v. ROSS OPERATING VALVE CO.

No. 2 CA-CIV 5392.

149 Ariz. 244 (1985)

717 P.2d 923

Wayne MAAKE and Mary E. Maake, husband and wife, Plaintiffs/Appellants, v. ROSS OPERATING VALVE COMPANY, Defendant/Appellee.

Court of Appeals of Arizona, Division 2, Department A.

Review Denied April 15, 1986.

Attorney(s) appearing for the Case

Dix, Rehling & Waterman by J. Stephen Dix, Tucson, for plaintiffs/appellants.

Kimble, Gothreau, Nelson & Cannon, P.C. by Stephen Kimble, Tucson, for defendant/appellee.

OPINION

FERNANDEZ, Judge.

Appellant Maake seeks a reversal of the summary judgment granted in favor of appellee, Ross Operating Valve Company (Ross), contending there are material issues of fact as to whether or not Ross had a duty to warn of dangers in its product. We reverse, finding there is a fact issue as to whether Ross had a duty to warn.

Wayne Maake was an employee of Elgin Metal Products near Elgin, Arizona. In early April 1982, his employer...

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