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DELCI v. GUTIERREZ TRUCKING CO.

No. 1 CA-CV 10-0099.

275 P.3d 632 (2012)

Robert M. DELCI, V, an Arizona resident and the minor natural son of Robert M. Delci, IV, deceased; and Stacy Lyn Muro, by and through Stacy Lyn Muro, an Arizona resident and his natural mother and next friend; Robert M. Delci, III and Lolly Delci, Arizona residents, as individuals and as the natural parents of Robert M. Delci, IV, deceased, Plaintiffs/Appellants, v. GUTIERREZ TRUCKING COMPANY, an Arizona company; Rafael Gutierrez-Martinez and Jane Doe Gutierrez-Martinez, husband and wife and Arizona residents; Normando Romero, Sr., and Jane Doe Romero, husband and wife and Arizona residents; Normando Romero, Jr., an Arizona resident, Defendants/Appellees.

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

April 19, 2012.

Attorney(s) appearing for the Case

Law Offices of David L. Abney, Esq. by David L. Abney, Esq. , Phoenix, Attorney for Plaintiffs/Appellants.

Jones, Skelton & Hochuli, P.L.C. by Edward G. Hochuli , James Gary Linder , Russell R. Yurk , Jeremy C. Johnson , Phoenix, Attorneys for Defendants/Appellees.

OPINION

HALL, Judge.

¶ 1 Plaintiffs appeal the superior court's order granting judgment on the pleadings for Defendants. Concluding that the owner/operator of a motor vehicle has no duty to protect the public from the negligent driving of a car thief, we affirm the superior court's judgment.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 On July 15, 2006, Robert M. Delci, IV, and his son, Robert M. Delci, V, were involved in an automobile...

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