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BALLESTEROS v. STATE

No. 2 CA-CV 89-0028.

161 Ariz. 625 (1989)

780 P.2d 458

Antonio B. BALLESTEROS, individually, Luz E. Sunseri, individually and as surviving mother of Carlos Rafael Montano, deceased, and Carlos A. Montano, surviving son of Carlos Rafael Montano, deceased, By and Through his Guardian ad Litem, Gloria Ruiz, Plaintiffs/Appellants, v. The STATE of Arizona, a body politic, Defendant/Appellee.

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

Review Denied October 17, 1989.

Attorney(s) appearing for the Case

Davis & Eppstein, P.C. by Thomas J. Davis, Tucson, for plaintiff/appellant Ballesteros.

Zlaket & Zlaket, P.C. by Thomas A. Zlaket, Tucson, for plaintiff/appellant Sunseri.

Haralson, Kinerk & Morey, P.C. by Gregory G. Wasley, Tucson, for plaintiff/appellant Montano.

Gallagher & Kennedy, P.A. by Kevin E. O'Malley and Judith A. Morse, Phoenix, for defendant/appellee.

OPINION

HOWARD, Judge.

This is an appeal from a defense verdict in a personal injury case. The determinative issue is whether the trial court erred in refusing to instruct the jury on the duty of care imposed on the state in relation to its highways. We hold that it did and reverse.

I. FACTS

On April 26, 1984, Antonio B. Ballesteros was in a car being driven by Carlos Montano which skidded on an icy curve on State Highway 666 north of Morenci...

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