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MARDIAN CONST. CO. v. SUP. COURT, MARICOPA CTY.

No. 1 CA-SA 88-033.

157 Ariz. 103 (1988)

754 P.2d 1378

MARDIAN CONSTRUCTION COMPANY, an Arizona corporation, Petitioner, v. SUPERIOR COURT of the State of Arizona In and For the COUNTY OF MARICOPA; the Honorable Barry G. Silverman, a Judge thereof, Respondent Judge, Ada Lee HENRY and Harold Henry, wife and husband, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department A.

May 19, 1988.

Attorney(s) appearing for the Case

Jones, Skelton & Hochuli by Calvin Harris, Larry J. Cohen, Leah L. Hamilton, Phoenix, for petitioner.

Renaud, Cook, Videan, Geiger & Drury, P.A. by James M. Videan, Phoenix, for real parties in interest.

OPINION

JACOBSON, Presiding Judge.

The sole issue in this special action is whether an employee's spouse is barred from suing her husband's employer for loss of consortium arising out of injuries occurring to the husband in the course and scope of his employment because of the "exclusive remedy" provisions of A.R.S. §§ 23-1022 and 906(A).

This case arises out of an industrial injury sustained by Harold Henry on December 21, 1982. Mr. Henry...

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