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SARMIENTO v. STUBBLEFIELD'S CUSTOM CONCRETE

No. 1 CA-CV 91-0586.

178 Ariz. 440 (1994)

874 P.2d 997

Ismael SARMIENTO, an unmarried adult, Plaintiff-Appellant, v. STUBBLEFIELD'S CUSTOM CONCRETE, INC., an Arizona corporation, Defendant-Appellee.

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

April 26, 1994.

Attorney(s) appearing for the Case

Roush, McCracken & Guerrero by Peter A. Guerrero, Phoenix, for appellant.

Garrey & Curran, P.C. by D. Reid Garrey, James B. Bowen, Phoenix, for appellee.

OPINION

FIDEL, Judge.

The trial court directed a verdict for defendant Stubblefield's Custom Concrete, Inc., in plaintiff Ismael Sarmiento's action for injuries suffered in a construction accident. The trial court ruled that Stubblefield's, a subcontractor, owed no duty to Sarmiento, another subcontractor's employee. We reverse because Stubblefield's owed Sarmiento the duty to perform its work in a manner that did not create an unreasonable risk of injury...

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