ZIMMER v. PETERS

No. 1 CA-CV 91-0103.

176 Ariz. 426 (1993)

861 P.2d 1188

Nancy ZIMMER, a widow, Plaintiff-Appellant, v. George O. PETERS and Caroline Peters, husband and wife, Defendants-Appellees.

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

September 28, 1993.


Attorney(s) appearing for the Case

Patrick Mahoney & Associates, P.C. by Patrick E. Mahoney, Chicago, IL, and John S. Schaper, Phoenix, for plaintiff-appellant.

Teilborg, Sanders & Parks, P.C. by Bradley R. Jardine and Rick N. Bryson, Phoenix, for defendants-appellees.


OPINION

GARBARINO, Presiding Judge.

Nancy Zimmer (plaintiff) appeals from the trial court's grant of summary judgment in favor of the defendants, George and Caroline Peters. Our focus is on the trial court's finding that the plaintiff's testimony lacked credibility and that she was therefore incompetent to testify, which justified granting the defendants' motion for summary judgment. We reverse and remand.

On appeal, we view the facts in the light...

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