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HIGGINBOTHAM v. AN MOTORS OF SCOTTSDALE

No. 1 CA-CV 10-0690.

269 P.3d 726 (2012)

James HIGGINBOTHAM, individually and as surviving husband of Darleen Lynn Higginbotham, Plaintiff/Appellant, v. AN MOTORS OF SCOTTSDALE dba Power Ford North Scottsdale; Driver Solutions, Inc., Defendants/Appellees.

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

February 2, 2012.

Attorney(s) appearing for the Case

Begam & Marks, P.A. By David Neal Rosen , Phoenix, Co-Counsel for Plaintiff/Appellant.

Knapp & Roberts, P.C. By David L. Abney , Scottsdale, Co-Counsel for Plaintiff/Appellant.

Hill & Hill, PLC By R. Corey Hill and Ginette M. Hill , Phoenix, Co-Counsel for Defendants/Appellees.

DeCiancio Robbins, P.L.C. By Christopher Robbins , Tempe, Co-Counsel for Defendants/Appellees.

OPINION

SWANN, Judge.

¶ 1 James Higginbotham ("Appellant"), individually and as the surviving husband of Darleen Lynn Higginbotham, appeals the superior court's summary judgment for AN Motors of Scottsdale d/b/a Power Ford North Scottsdale ("Power Ford") and Driver Solutions, Inc. (jointly, "Appellees"). For the following reasons, we vacate the judgment and remand.1

FACTS AND PROCEDURAL HISTORY

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