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THOMAS v. FIRST INTERSTATE BANK OF ARIZ.

No. 2 CA-CV 96-0061.

187 Ariz. 488 (1996)

930 P.2d 1002

Darlene THOMAS, surviving spouse of John Warren Thomas, on her own behalf and on behalf of John Jr., Kayla and Tiffany Thomas, the minor children of Darlene and John Warren Thomas, and George W. Thomas III and Kathleen J. Thomas, the parents of John Warren Thomas, deceased, Plaintiffs/Appellees, v. FIRST INTERSTATE BANK OF ARIZONA, N.A., Defendant/Appellant.

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

Review Denied January 14, 1997.

Attorney(s) appearing for the Case

Stompoly, Stroud, Giddings, and Glicksman, P.C. by John G. Stompoly, Tucson, for Plaintiffs/Appellees.

Jennings, Strouss & Salmon, P.L.C. by Jon D. Schneider and James M. Ackerman, Phoenix, for Defendant/Appellant.

OPINION

HATHAWAY, Judge.

In this wrongful death action against First Interstate Bank, the issue on appeal is whether the comparative fault statute, A.R.S. § 12-2506, permits the allocation of fault between an allegedly negligent defendant, appellant First Interstate Bank, and a non-party (Patrick Slay), who commits a criminal act of murder. On plaintiffs' Motion for Declaratory Judgment for interpretation of the statute, the trial court entered...

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