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LEE v. M AND H ENTERPRISES, INC.

No. 1 CA-CV 13-0257.

347 P.3d 1153 (2015)

237 Ariz. 172

Timothy LEE, a single man, Plaintiff/Appellant/Cross-Appellee, v. M AND H ENTERPRISES, INC. dba Martin Harris Construction, a Nevada corporation, Defendant/Appellee/Cross-Appellant, and Wal-Mart Stores, Inc. dba Sam's Club, a foreign corporation, Defendant/Appellee.

Court of Appeals of Arizona, Division 1.

April 21, 2015.

Attorney(s) appearing for the Case

Hopkins Law Offices PLC By Stephen M. Hopkins , Phoenix, Counsel for Plaintiff/Appellant/Cross-Appellee.

Lewis Brisbois Bisgaard & Smith LLP By James K. Kloss , Phoenix, Counsel for Defendant/Appellee/Cross-Appellant M and H Enterprises.

The Law Office of Don D. Skypeck By Douglas H. Fitch , Counsel for Defendant/Appellee Wal-Mart Stores, Inc.

Judge MICHAEL J. BROWN delivered the opinion of the Court, in which Presiding Judge KENT E. CATTANI and Judge MARGARET H. DOWNIE joined.

OPINION

¶ 1 Timothy Lee suffered serious injuries while performing cleanup duties during the final stages of construction at a Sam's Club store located on property owned by Wal-Mart Stores, Inc. ("Wal-Mart"). Lee was employed at the time by Able Body Labor ("Able Body")1, which supplied workers...

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