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HERMAN v. SEDOR

No. 2 CA-CV 91-0025.

168 Ariz. 156 (1991)

812 P.2d 629

Tracy HERMAN, a single person, Plaintiff/Appellant, v. Steven and Leonore SEDOR, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department B.

May 21, 1991.

Attorney(s) appearing for the Case

Linden, Chapa & Fields by Gary S. Grynkewich, Tucson, for plaintiff/appellant.

Slutes, Sakrison, Even, Grant & Pelander, P.C. by Philip H. Grant, Tucson, for defendants/appellees.

OPINION

FERNANDEZ, Chief Judge.

The only issue presented in this case is whether there was any evidence to support the giving of a jury instruction. We agree with appellant that there was not and remand for a new trial.

This tragic case arises out of the death of Andrew Herman, a two-and-a-half-year-old child who drowned on June 3, 1989 in a swimming pool at a Tucson residence where he lived with his maternal grandparents. The grandparents moved into...

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