DUGAN v. AM. EXP. TRAVEL RELATED SERVICES

No. 1 CA-CV 93-0464.

185 Ariz. 93 (1995)

912 P.2d 1322

Joseph J. DUGAN, individually, and as duly-appointed guardian for and on behalf of Sarah J. Dugan, his incapacitated adult wife; Margaret Dugan Radovanovich, Diane Dugan Roche, Lynne M. Dugan, and Brian Dugan, children of Joseph J. and Sarah J. Dugan, Plaintiffs-Appellants, v. AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC., a New York corporation, Defendant-Appellee.

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

Reconsideration Denied October 2, 1995.

Review Denied March 19, 1996.


Attorney(s) appearing for the Case

Whissen, Tidmore & Guendel, P.C. by William K. Whissen, Phoenix, for plaintiffs-appellants.

Steptoe & Johnson by David J. Bodney, Peter B. Swann, Phoenix, for defendant-appellee.


OPINION

EHRLICH, Judge.

Sarah Dugan's husband, Joseph Dugan, and the Dugans' four adult children (collectively, "plaintiffs") appeal from the summary judgment in favor of American Express Travel Related Services Company, Inc. ("TRS") and the subsequent denial of their motions for new trial. Because we conclude that Mrs. Dugan had a compensable brain injury due to an industrially-related, intervening injury combining with her non-industrial, pre...

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