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SCHWAB v. MATLEY

No. CV-88-0337-PR.

164 Ariz. 421 (1990)

793 P.2d 1088

Lloyd SCHWAB and Cindy Schwab, husband and wife, Plaintiffs/Appellants, v. Therese MATLEY, an unmarried woman, Defendant/Appellee.

Supreme Court of Arizona, En Banc.

April 5, 1990.

Attorney(s) appearing for the Case

The Langerman Law Offices by Amy G. Langerman, Richard W. Langerman, Phoenix, and Law Offices of Douglas C. Fitzpatrick by Douglas C. Fitzpatrick, Sedona, for plaintiffs, appellants.

Jones, Skelton & Hochuli by Don C. Stevens, II, Phillip H. Stanfield, Larry J. Cohen, Gary H. Burger, Phoenix, for defendant, appellee.

O'Dowd, Burke & Lundquist by Robert E. Lundquist, Tucson, for amicus curiae.

OPINION

FELDMAN, Vice Chief Justice.

This case comes to us for review of a court of appeals opinion reversing a trial court's order dismissing a personal injury action. The trial court dismissed pursuant to A.R.S. § 4-312(A), which modifies the common law liability of tavernkeepers. The issues presented illustrate the tension between legislative attempts to suppress or control the assertion of damage claims and Arizona's constitutional provisions protecting...

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