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MARTINEZ v. ASARCO INC.

No. 88-1654.

918 F.2d 1467 (1990)

Ralph MARTINEZ, husband; Mary Martinez, wife, Plaintiffs-Appellants, v. ASARCO INCORPORATED, a foreign corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 23, 1990.

Attorney(s) appearing for the Case

Bernard I. Rabinovitz, Rabinovitz & Associates, Tucson, Ariz., for plaintiffs-appellants.

David F. Gaona, DeConcini, McDonald, Brammer, Yetwin & Lacy, Phoenix, Ariz., for defendant-appellee.

Before HUG, HALL and O'SCANNLAIN, Circuit Judges.

PER CURIAM:

We are presented, in this diversity case governed by the law of Arizona, with the question of whether a smelter operator has a duty to an invited independent contractor to make its premises reasonably safe, and if so, whether such duty can be met by warning of any danger.

I

Because this is an appeal from a grant of summary judgment for Asarco, the evidence is set forth in the light most favorable to appellants, the Martinezes.

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