SIDDONS v. BUSINESS PROPERTIES DEV. CO.

No. CV-97-0103-PR.

953 P.2d 902 (1998)

191 Ariz. 158

Steven Kelly SIDDONS, individually and as parent and conservator of the Estate of R.C.S., his minor child; Katie Siddons, as joint custodial parent of R.C.S., her minor child, Plaintiffs/Appellants. v. BUSINESS PROPERTIES DEVELOPMENT COMPANY aka Business Properties Partnership Number 41, Defendant/Appellee.

Supreme Court of Arizona, En Banc.

February 24, 1998.


Attorney(s) appearing for the Case

Jones, Skelton, & Hochuli by A. Melvin McDonald, Jeffrey Miller, and Eileen Dennis, Phoenix, for Plaintiffs/Appellants.

Ridenour, Swenson, Cleere, & Evans, P.C. by Robert R. Beltz and Scott A. Holden, Phoenix, for Defendant/Appellee.


OPINION

ZLAKET, Chief Justice.

¶ 1 On June 2, 1992, 4-year-old Rick Siddons was seriously injured when a heavy door fell on him in front of Berry's Appliance Warehouse, one of several businesses in a Tempe strip mall. Earlier that day, Berry's employees had removed the glass and metal door from its hinges and placed it on the sidewalk, propping it against the outside wall of the building beside the customer entrance.

¶ 2 Deposition testimony...

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