WEINER v. ASH

No. 2 CA-CV 88-0326.

162 Ariz. 214 (1989)

782 P.2d 332

Jeffrey A. WEINER and Barbara S. Weiner, husband and wife; and Merton B. Weiner and Jean Weiner, husband and wife, Plaintiffs/Appellees, v. Steven Perry ASH and Christine L. Ash, husband and wife, Defendants/Appellants.

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

Reconsideration Denied June 1, 1989.

Review Denied November 21, 1989.


Attorney(s) appearing for the Case

Miller & Pitt by Richard L. McAnally, Eugene N. Goldsmith and Dennis P. McLaughlin, Tucson, for plaintiffs/appellees.

Kimble, Gothreau & Nelson by William Kimble and David F. Toone, Tucson, for defendants/appellants.


OPINION

LIVERMORE, Presiding Judge.

This is an appeal from the judgment of the trial court awarding $250,000 in damages for future fear, anxiety, and emotional distress.

The award arises out of an incident in which appellant Steven Ash shot at the appellees, wounding Jeffrey Weiner and causing Merton Weiner to suffer cardiac problems. Ash was tried criminally but was found not guilty by reason of insanity. In the ensuing civil action the court found...

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