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CARNES v. PHOENIX NEWSPAPERS, INC.

No. 1 CA-CV 09-0365.

251 P.3d 411 (2011)

Leticia CARNES, surviving spouse of Wesley James Carnes, Jr., deceased, individually and on behalf of Wesley James Carnes, III, and Adam Everett Carnes, surviving adult children of Wesley James Carnes, Jr., deceased, Plaintiff/Appellant, v. PHOENIX NEWSPAPERS, INC., an Arizona corporation, Defendant/Appellee.

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

April 7, 2011.

Attorney(s) appearing for the Case

James F. Brook and Associates By James F. Brook , Scottsdale, John N. Vingelli , and Ahwatukee Legal Office, P.C. By David L. Abney , Phoenix, Attorneys for Plaintiffs/Appellants.

Jones, Skelton & Hochuli, P.L.C. By J. Gary Linder , Jennifer A. Baker , Phoenix, Attorneys for Defendants/Appellees.

OPINION

GEMMILL, Judge.

¶ 1 Plaintiff Leticia Carnes appeals the summary judgment entered in favor of Defendant Phoenix Newspapers, Inc. ("PNI"). The trial court determined that newspaper delivery person Stephanie Sebastian was not acting within the scope of her employment with PNI as she drove her vehicle home after finishing her deliveries. Carnes urges us to adopt the "employee's own conveyance rule" or to otherwise find a question of fact precluding...

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