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RANDALL v. ALVARADO-WELLS

No. 2 CA-CV 96-0136.

187 Ariz. 308 (1996)

928 P.2d 732

Michael RANDALL, a single man; Jeffrey Nesler Randall and Michelle Eileen Randall, minor children of Michael Randall, by and through their next best friend and mother, Wendy Randall, Plaintiffs/Appellants, v. Maria ALVARADO-WELLS, Defendant/Appellee.

Court of Appeals of Arizona, Division 2, Department A.

November 29, 1996.

Attorney(s) appearing for the Case

Dickerson, Butler, Rabb & Rodriguez, P.C. by J. Patrick Butler, Tucson, for Plaintiffs/Appellants.

Hazlett & Wilkes by Carl E. Hazlett and Thomas M. Bayham, Tucson, for Defendant/Appellee.

OPINION

PELANDER, Presiding Judge.

The issue here is whether a party's disputed admission of fault, in the absence of any other evidence establishing negligence, necessarily precludes summary judgment for that party. Under the circumstances of this case, we think not and therefore affirm the trial court's summary judgment for defendant.

Viewing the evidence and all reasonable inferences therefrom in the light most favorable to plaintiffs,

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