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DEL E. WEBB v. SUPERIOR COURT OF ARIZONA

No. CV-86-0165-SA.

151 Ariz. 164 (1986)

726 P.2d 580

DEL E. WEBB CORPORATION, Armex Land Corporation, et al., Petitioners, v. The SUPERIOR COURT OF ARIZONA for MARICOPA COUNTY, The Honorable John Foreman, Division 45, Respondent, and Harbans Kaur DOMAN, et al., Respondent Real Parties in Interest.

Supreme Court of Arizona, En Banc.

September 17, 1986.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, Phoenix by Richard J. Woods, Nicholas J. Wallwork, for petitioners.

Langerman, Begam, Lewis and Marks, Phoenix by Richard W. Langerman, Amy G. Langerman, for respondents and real parties in interest.

FELDMAN, Justice.

Petitioner, defendant in the action below, brings this special action1 asking us to reverse a superior court ruling that the affirmative defenses of contributory negligence and assumption of the risk are unavailable to defendants in dram shop litigation. Because petitioner has no equally plain, speedy, or adequate remedy by appeal, we granted review. Rule 3, Ariz.R.P. Spec.Act., 17A A.R.S. We have jurisdiction under Ariz...

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