SMART INDUSTRIES v. SUPERIOR COURT

No. 1 CA-SA 93-0320.

179 Ariz. 141 (1994)

876 P.2d 1176

SMART INDUSTRIES CORP., MFG., and Lutes Enterprises, Inc., Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF YUMA, The Honorable H. Stewart Bradshaw, a judge thereof, Respondent Judge, Darryl and Marilyn ST. GERMAINE, Real Parties in Interest.

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

Review Denied July 28, 1994.


Attorney(s) appearing for the Case

Mower, Koeller, Nebeker, Carlson & Haluck by Constance J. Miller, Yuma, for petitioner Smart Industries Corp.

Jones, Skelton & Hochuli by Mark D. Zukowski, Phoenix, for joined petitioner Lutes Enterprises, Inc.

Don B. Engler, Yuma, for real parties in interest.


OPINION

JACOBSON, Presiding Judge.

Petitioner Smart Industries, a defendant in the underlying personal injury suit, seeks review of the trial court's denial of its motion to disqualify plaintiffs' lawyer after defendant's counsel's former legal assistant was hired by plaintiffs' lawyer.1 This special action requires us to decide whether the same rules of imputed disqualification that apply to lawyers also apply to nonlawyer personnel...

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