LUEDTKE v. ARIZONA FAMILY RESTAURANTS OF TUCSON

No. CV-88-0366-PR.

160 Ariz. 500 (1989)

774 P.2d 804

Patricia Dawn LUEDTKE, Plaintiff/Appellant, v. ARIZONA FAMILY RESTAURANTS OF TUCSON, INC., dba the Ice Cream Man, an Arizona corporation; and Vernon Lee Leighton, an unmarried man, Defendants/Appellees.

Supreme Court of Arizona, En Banc.

April 18, 1989.


Attorney(s) appearing for the Case

Alpert, Fein & Hameroff, P.C. by James A. Fein, Tucson, for plaintiff/appellant.

Jones, Skelton & Hochuli by Edward G. Hochuli, William J. Schrank, Phoenix, for defendants/appellees.


FELDMAN, Vice Chief Justice.

This case involves the tort liability of an employer of an independent contractor.

Patricia Dawn Luedtke brought suit for the wrongful death of her six-year-old son, Dwayne, who was killed after patronizing an ice cream truck owned and operated by an independent contractor. The trial court granted the employer's motion for a directed verdict on the issue of an employer's independent liability.

On appeal, Luedtke relied...

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