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FRONGILLO v. GRIMMETT

2 CA-CV 89-0109.

163 Ariz. 369 (1989)

788 P.2d 102

Stephanie FRONGILLO, as Next Friend of Heather Frongillo and Anthony Frongillo, Jr., and Stephanie Frongillo, individually, Plaintiffs/Appellants, v. Paul GRIMMETT, dba Drive Line Service of Phoenix, Inc., and Drive Line Service of Phoenix, Inc., Defendants/Appellees.

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

Review Denied March 20, 1990.

Attorney(s) appearing for the Case

Ralph R. Le Pera, Bishop, Cal., and Shepard Weinstein, Phoenix, for plaintiffs/appellants.

Burch & Cracchiolo, P.A. by F. Michael Carroll, Marigene Dessaint and Brian V. Pearson, Phoenix, for defendants/appellees.

OPINION

LACAGNINA, Judge.

This is an appeal from a summary judgment against the survivors of Anthony Frongillo, the trial court dismissing the survivors' claim for his wrongful death because the statute of limitations on his injury claim expired before his death. The sole issue on appeal is whether a wrongful death action may be pursued by survivors even though the decedent's action for personal injury has been barred by the statute of limitations. We reverse...

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