COX v. MAY DEPT. STORE CO.

No. 1 CA-CV 94-0282.

183 Ariz. 361 (1995)

903 P.2d 1119

David Preston COX and Janelle Cox, husband and wife, Plaintiffs-Appellants, v. The MAY DEPARTMENT STORE COMPANY, a corporation dba Robinson's; Montgomery Elevator Company, a corporation, Defendants-Appellees.

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

October 3, 1995.


Attorney(s) appearing for the Case

Law Office of Gerald A. Pollack by Gerald A. Pollack, Phoenix, for Plaintiffs-Appellants.

Thomas & Burke, P.C. by Benjamin C. Thomas and John A. Elardo, Phoenix, for Defendant-Appellee May.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Ralph E. Hunsaker and Christopher Robbins, Phoenix, for Defendant-Appellee Montgomery.


OPINION

WEISBERG, Judge.

Janelle and David Preston Cox appeal the summary judgment entered in favor of May Department Store Company ("May") and Montgomery Elevator Company ("Montgomery"). For the following reasons, we reverse and remand.

FACTUAL1 AND PROCEDURAL BACKGROUND

On December 29, 1990, Janelle Cox ("Cox") was ascending the escalator at Robinson's

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