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FT. LOWELL-NSS LTD. PARTNERSHIP v. KELLY

No. CV 89-0349-PR.

166 Ariz. 96 (1990)

800 P.2d 962

FT. LOWELL-NSS LIMITED PARTNERSHIP, Petitioner, v. The Honorable John F. KELLY, a Judge for the Superior Court of the State of Arizona, County of Pima, Respondent, Josephine JULA and Michael Jula, wife and husband, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

November 8, 1990.

Attorney(s) appearing for the Case

Molloy, Jones & Donahue, P.C. by Ardner R. Cheshire, Jr., David J. Diamond, Tucson, for petitioner.

Rabinovitz & Associates, P.C. by Bernard I. Rabinovitz, Tucson, for real parties in interest.

OPINION

FELDMAN, Vice Chief Justice.

This case deals with exceptions to the general rule that an employer of an independent contractor is not liable for the latter's negligence. The main issue presented is whether the court of appeals erred in interpreting and applying the Restatement (Second) of Torts § 422(b).

FACTS AND PROCEDURAL HISTORY

Josephine Jula (Jula) was employed by National Self-Storage Development, Inc. (National), which...

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