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DURAN v. SAFEWAY STORES, INC.

No. 2 CA-CIV 5747.

151 Ariz. 233 (1986)

726 P.2d 1102

Rafael DURAN and Adelina Duran, husband and wife, Plaintiffs/Appellants, v. SAFEWAY STORES, INC., a foreign corporation, Defendant/Appellee.

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

September 30, 1986.

Attorney(s) appearing for the Case

Miller & Pitt, P.C. by Thomas G. Cotter, Tucson, for plaintiffs/appellants.

Stinson & Douglas by William H. Douglas, Tucson, for defendant/appellee.

BIRDSALL, Judge.

This is an appeal from a jury verdict in favor of the defendant/appellee, Safeway Stores, Inc. (Safeway) in a slip and fall case. Appellants raise two issues on appeal: 1) the trial court erred in giving Recommended Arizona Jury Instruction No. 5 on contributory negligence; 2) the trial judge erred in failing to answer a jury question in open court.

On January 18, 1983, appellant Adelina Duran fell while in appellee's Casa Grande Safeway store...

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