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AA MECHANICAL v. SUPERIOR COURT

Nos. 1 CA-SA 96-0239, 1 CA-SA 97-0012.

948 P.2d 492 (1997)

190 Ariz. 364

AA MECHANICAL, an Arizona business entity, and Dwayne Kramer, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Brian R. Hauser, a judge thereof, Respondent Judge, Robert VREE, M.D. and Judy Vree, husband and wife, Real Parties in Interest. DEVENNEY ARCHITECTS, LTD., a subsidiary of Hofmann-Dietz Architects, Ltd., Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Brian R. Hauser, a judge thereof, Respondent Judge, Robert VREE, M.D. and Judy Vree, husband and wife, Real Parties in Interest.

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

Review Denied March 17, 1998.

Attorney(s) appearing for the Case

Douglas, Bustamante & Ricker by Keith R. Ricker, Phoenix, for Petitioner AA Mechanical.

Jackson White Gardner & Decker, P.C. by Roger R. Foote, Mesa, for Petitioner Devenney Architects, Ltd.

Robbins, Shumway & Foreman by Joel B. Robbins and Brock Heathcotte, Phoenix, for Respondents.

OPINION

KLEINSCHMIDT, Judge.

The real parties in interest, Robert and Judy Vree, sued both AA Mechanical and Devenney Architects, among others, alleging that Robert Vree was injured by environmental toxins caused by the defendants' negligent design and construction of the building in which Vree worked. The Petitioners filed separate motions to dismiss which asserted, in part, that the Vrees failed to comply with...

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