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JOBE v. SMITH

No. 2 CA-CV 88-0212.

159 Ariz. 36 (1988)

764 P.2d 771

John JOBE, Jr., a single man, Plaintiff/Appellant, v. Beth Rene SMITH, a single woman, Defendant/Appellee.

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

November 3, 1988.

Attorney(s) appearing for the Case

Smith & Feola by Virginia L. Richter, Phoenix, for plaintiff/appellant.

Stinson & Diekemper by Mark S. Diekemper, Phoenix, for defendant/appellee.

OPINION

LIVERMORE, Presiding Judge.

Plaintiff John Jobe was seriously injured while at the home of defendant Beth Smith by the assault of her estranged "gentleman friend" Rodney McMeans. Jobe was there at Smith's request to repair her refrigerator. Contending that Smith knew of McMeans' propensity for violence and of the risk that he would attack Jobe, Jobe brought suit against Smith for negligently failing to warn him of that risk. Summary judgment was awarded...

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