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WARD v. MOUNT CALVARY LUTHERAN CHURCH

No. 1 CA-CV 92-0416.

178 Ariz. 350 (1994)

873 P.2d 688

Ken and Karen WARD, husband and wife; Timothy Ward, a minor, by and through Ken and Karen Ward, Plaintiffs-Appellants, v. MOUNT CALVARY LUTHERAN CHURCH, an Arizona corporation, Defendant-Appellee.

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

April 14, 1994.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Christopher Robbins, Steven M. Rudner, and Carl O. Wortley, III, Phoenix, for plaintiffs-appellants.

Burch & Cracchiolo, P.A. by Brian Kaven and Theodore A. Julian, Jr., Phoenix, for defendant-appellee.

OPINION

JACOBSON, Presiding Judge.

The primary issue in this appeal is whether the trial court correctly concluded that the doctrine of res ipsa loquitur did not apply to an accident involving a 4-year old who broke his femur while under the supervision of a day care center. Because we agree that plaintiffs failed to establish the requisite elements of res ipsa loquitur on this record, and because no...

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