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CARROW CO. v. LUSBY

No. CV-89-0328-PR.

167 Ariz. 18 (1990)

804 P.2d 747

CARROW COMPANY, Counterdefendant/Appellee, v. Michael LUSBY and Kay A. Lusby, husband and wife, Counterclaimants/Appellants.

Supreme Court of Arizona, En Banc.

Reconsideration Denied February 21, 1991.

Attorney(s) appearing for the Case

Kimble, Gothreau & Nelson, P.C. by Stephen E. Kimble, David F. Toone, Tucson, for plaintiff.

Juan Perez-Medrano, Daniel C. Gloria, Tucson, for defendants.

OPINION

CORCORAN, Justice.

Counterclaimants Kay and Michael Lusby (the Lusbys) petitioned for review of a court of appeals opinion affirming the trial court's summary judgment against them on their counterclaim. We granted review to determine whether A.R.S. § 24-502 applies to an action for personal injuries sustained by a motorcyclist when he collides with a heifer on a public highway located in open range. We have jurisdiction pursuant to Ariz. Const...

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