SHANKS v. DAVEY TREE SURGERY CO.

No. 2 CA-CV 92-0009.

173 Ariz. 557 (1992)

845 P.2d 483

Paul SHANKS and Barbara Sue Shanks, individually and as next friend of Paul Shanks, Jr., Edwin Anthony Shanks, and Cody Ray Shanks, minors, Plaintiffs/Appellants, v. DAVEY TREE SURGERY COMPANY, an Ohio corporation, Defendant/Appellee.

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

Reconsideration Denied August 27, 1992.

Review Denied February 17, 1993.


Attorney(s) appearing for the Case

Miller, Pitt & McAnally, P.C. by Thomas G. Cotter and Eugene N. Goldsmith, Tucson, for plaintiffs/appellants.

Chandler, Tullar, Udall & Redhair by Steven Weatherspoon, Tucson, for defendant/appellee.


OPINION

FERNANDEZ, Judge.

Appellants Paul Shanks, his wife, and his children appeal from the granting of appellee Davey Tree Surgery Company's motion for summary judgment in their personal injury action, arguing that Davey either contractually agreed or undertook to perform duties owed to the public by Tucson Electric Power Company (TEP) and that fact issues exist as to whether Davey breached the duty of care it owed the Shanks. We disagree and affirm.<...

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