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PETOLICCHIO v. SANTA CRUZ COUNTY

No. 2 CA-CV 91-0220.

172 Ariz. 587 (1992)

838 P.2d 1348

Genaro PETOLICCHIO and Nellie Petolicchio, husband and wife, and surviving parents of Gerald Petolicchio, Plaintiffs/Appellants, v. SANTA CRUZ COUNTY FAIR AND RODEO ASSOCIATION, INC., an Arizona corporation; William Sinclair and Sharon Sinclair, husband and wife, individually and as employees and agents of liquor licensee Santa Cruz County Fair and Rodeo Association, Inc.; Mitchell T. Mattox, a single man, individually and as an employee of Santa Cruz County Fair and Rodeo Association, Inc., Defendants/Appellees.

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

Review Granted and Denied November 3, 1992.

Attorney(s) appearing for the Case

Gonzales and Villarreal, P.C. by Richard J. Gonzales and Joan C. Calcagno, Tucson, for plaintiffs/appellants.

Bury, Moeller, Humphrey & O'Meara by David C. Bury, Tucson, for defendants/appellees.

Review Granted on Issue I and Denied on Issue II November 3, 1992.

OPINION

HOWARD, Judge.

This is an appeal from the granting of a motion to dismiss a wrongful death action. For the reasons stated below, we reverse.

A motion to dismiss a complaint for failure to state a claim upon which relief can be granted admits the truth of the facts alleged therein for the purposes of the motion. Roberts v. Spray, 71 Ariz. 60

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