SOUTHERN PACIFIC TRANSPORTATION COMPANY v. YARNELL

No. CV-93-0106-PR.

182 Ariz. 134 (1995)

893 P.2d 1297

SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation, Petitioner, v. Hon. Michael A. YARNELL, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent, Mary E. Isbell, for and on her behalf as surviving spouse of Richard Levonne Isbell, and for and on behalf of Dennis Isbell, David Isbell, John Isbell, Marsha Isbell and Joseph Isbell, the surviving children of Richard Levonne Isbell, Real Parties in Interest. The STATE OF ARIZONA, acting By and Through the ARIZONA DEPARTMENT OF TRANSPORTATION and the Arizona Corporation Commission, Petitioners, v. Hon. Michael A. YARNELL, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent, Mary E. Isbell, for and on her own behalf as surviving spouse of Richard Levonne Isbell, and for and on behalf of Dennis Isbell, David Isbell, John Isbell, Marsha Isbell and Joseph Isbell, the surviving children of Richard Levonne Isbell, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

April 27, 1995.


Attorney(s) appearing for the Case

Fennemore Craig, by F. Pendleton Gaines, III and Mark H. Brain, Phoenix, for Southern Pacific Transp. Co.

Campana, Vieh & Strohm, by Donald O. Loeb, Scottsdale, for State of Ariz.

Begam, Lewis, Marks, Wolfe & Dasse, by Elliot G. Wolfe and Cora Perez, Phoenix, for Mary Isbell, et al.

Haralson, Kinerk & Morey, by D. Dale Haralson, Tucson, and The Langerman Law Offices by Amy G. Langerman, Phoenix, amicus curiae for The Arizona Trial Lawyers Ass'n.


SUPPLEMENTAL OPINION

MARTONE, Justice.

Southern Pacific, joined by the State of Arizona, has filed a motion for reconsideration. One point merits discussion. Southern Pacific argues that our statutory diagram, appearing at page 5 of the slip opinion, is incorrect because it does not make reference to that part of 23 U.S.C. § 409 which refers to other federally funded highway safety improvement projects. For that same reason, Southern Pacific quarrels...

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