SWICHTENBERG v. BRIMER

1 CA-CV 88-532.

171 Ariz. 77 (1991)

828 P.2d 1218

Marvin R. SWICHTENBERG and Rose Swichtenberg, husband and wife, Plaintiffs-Appellants, v. Jack BRIMER and Jane Doe Brimer, husband and wife, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department D.

Review Denied May 5, 1992.


Attorney(s) appearing for the Case

Schmitt & Associates, P.C. by Peter F. Fisher, Phoenix, for plaintiffs-appellants.

Stinson & Roberts by Edwin R. Roberts, Phoenix, for defendants-appellees.


OPINION

TAYLOR, Judge.

Marvin R. Swichtenberg appeals from a judgment dismissing his negligence action against defendant Jack Brimer. The parties urge the following issues on appeal: (1) did Brimer's statements to his worker's compensation carrier and at his deposition that Swichtenberg was not his employee estop him from claiming immunity under A.R.S. § 23-1022(A) as Swichtenberg's employer; (2) do genuine issues of material fact exist which would...

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