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OGDEN v. J.M. STEEL ERECTING, INC.

No. 1 CA-CV 00-0260.

31 P.3d 806 (2001)

201 Ariz. 32

Lori A. OGDEN, a single person; Peggy Ann Klatt, individually, as Personal Representative of the Estate of Dean F. Zeller, and for the benefit of Tasha Ann Zeller, a minor, and A. Thomas Cole, as Personal Representative of the Estate of William Zeller, Plaintiffs-Appellees, v. J.M. STEEL ERECTING, INC., an Arizona corporation; Jay V. Soyko and Mary B. Soyko, his wife, Defendants-Appellants.

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

May 31, 2001.

Attorney(s) appearing for the Case

Law Offices of A. Thomas Cole by A. Thomas Cole, Casa Grande, Attorneys for Plaintiffs-Appellees.

Jones, Skelton & Hochuli by Mark D. Zukowski, and David C. Lewis, Phoenix, Attorneys for Defendants-Appellants.

OPINION

GARBARINO, Judge.

¶ 1 The pivotal issue is whether the defendants are entitled to a new trial because the jury failed to allocate some degree of fault to a non-party, even though the parties stipulated that the non-party proximately caused the relevant injuries. Here, the jury disregarded the stipulation and apportioned 100% of fault to the party defendants. We hold that a jury must allocate some degree of fault to a stipulated non-party at...

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