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MILLER v. WESTCOR LTD. PARTNERSHIP

No. 1 CA-CV 90-095.

171 Ariz. 387 (1991)

831 P.2d 386

Elizabeth MILLER and William V. Latham, Plaintiffs-Appellants, v. WESTCOR LIMITED PARTNERSHIP, an Arizona partnership d/b/a/ Flagstaff Mall, Defendant-Appellee.

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

As Corrected January 3, 1992.

Reconsideration Denied January 15, 1992.

Review Denied June 30, 1992.

Attorney(s) appearing for the Case

Renaud, Cook, Videan, Geiger & Drury, P.A. by J. Gordon Cook and William R. Mettler, Jr., Phoenix, for plaintiffs-appellants.

Mangum, Wall, Stoops & Warden by Daniel J. Stoops, Flagstaff, for defendant-appellee.

OPINION

CLABORNE, Judge.

We are faced with an issue not before raised in Arizona: Whether a landowner can be held liable for the acts of an independent contractor, when the independent contractor negligently conducts a fireworks display. We must also decide whether parents of an injured child may claim loss of consortium when the child is severely injured, but not catastrophically so.

Elizabeth Miller and William Latham filed suit against Westcor...

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