STATE FARM FIRE & CAS. v. POWERS

No. 2 CA-CV 89-0094.

163 Ariz. 213 (1989)

786 P.2d 1064

STATE FARM FIRE & CASUALTY COMPANY, Plaintiff/Appellee, v. Briana Cory POWERS, a minor, By and Through her Guardian ad Litem, next best friend and Conservator, Robert B. FLEMING Esq. or By and Through her natural parents, James P. Powers and Christine S. Powers, Defendant/Appellant.

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

Reconsideration Denied January 24, 1990.


Attorney(s) appearing for the Case

Bury, Moeller, Humphrey & O'Meara by David C. Bury, Tucson, for plaintiff/appellee.

Rabinovitz & Associates by Bernard I. Rabinovitz, Tucson, for defendant/appellant.


OPINION

HOWARD, Judge.

FACTS AND PROCEDURE

This is an appeal from a judgment in an action for declaratory judgment filed by State Farm Fire & Casualty Co. The record shows that three-year-old Briana Powers, the daughter of James and Christine Powers, was seriously injured in a spa located at the home of a friend. The minor daughter sued the landowner and her parents for negligence.

At the time of the accident the Powers had a homeowner...

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