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PINER v. SUPERIOR COURT IN AND FOR COUNTY OF MARICOPA

No. CV-96-0577-PR.

962 P.2d 909 (1998)

192 Ariz. 182

William Henry PINER, a single man, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Ruth H. Hilliard, and the Honorable Christopher M. Skelly, judges thereof, Respondent Judges, Billy Donald JONES and Jane Doe Jones, husband and wife; Loling Rabino and John Doe Rabino, husband and wife; Cynthia Gale Richardson and John Doe Richardson, husband and wife, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

July 21, 1998.

Attorney(s) appearing for the Case

Solomon, Relihan & Blake, P.C. by H. Micheal Wright, Kevin J. McAlonan, Phoenix, for Petitioner Piner.

Ricker & Bustamante, L.L.P. by Keith R. Ricker, Phoenix, for Real Parties in Interest Jones and Rabino.

Lewis and Roca, L.L.P. by Craig W. Phillips, Susan M. Freeman, Phoenix, for Real Parties in Interest Richardson.

Burke, Panzarella & Rich by Thomas P. Burke, II, Phoenix, for Amicus Curiae Arizona Association of Defense Counsel.

OPINION

FELDMAN, Justice.

FACTS AND PROCEDURAL HISTORY

¶ 1 On his way to work on Friday, October 12, 1990, William Piner stopped his truck to let a pedestrian cross the street. While he was stopped, a car driven by Billy Jones hit Piner's truck from behind. Police were called to investigate the incident. Piner waited for the police to finish their investigation before calling his physician to complain of pain in his neck, upper back, left...

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