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RAUSE v. PAPERCHINE, INC.

No. CV-07-8076-PCT-SMM.

743 F.Supp.2d 1114 (2010)

Diana RAUSE, surviving natural mother of Johnny Mendoza, Jr., deceased, individually and on behalf of all wrongful death beneficiaries; Gabriel Rodriguez, a single man, Plaintiffs, v. PAPERCHINE, INC., a foreign corporation; Abitibi Consolidated Sales Corporation, a foreign corporation; Does I-X; Black Corporations I-X; and White Partnerships I-X, Defendants.

United States District Court, D. Arizona.

September 30, 2010.

Attorney(s) appearing for the Case

Thomas C. Hall , Hall & Bates LLP, San Antonio, TX, Keith Thomas Slack , Tracy A. Gromer , Beale Micheaels & Slack PC, Phoenix, AZ, for Plaintiffs.

Matthew David Kleifield , Elliot H. Wernick , John Kristian Wittwer , Kunz Plitt Hyland Demlong Kleifield PC, Phoenix, AZ, Todd Arthur Rigby , Lewis Brisbois Bisgaard & Smith LLP, Phoenix, AZ, for Defendants.

MEMORANDUM OF DECISION AND ORDER

STEPHEN M. McNAMEE, District Judge.

Before the Court is Plaintiff Diana Rause's Motion for Partial Summary Judgment arguing that Defendants Paperchine, Inc. and Abitibi Consolidated Sales Corp. owed non-delegable duties to Plaintiff, and that Defendants retained sufficient control of safety on the worksite to lead to liability for decedent Johnny Mendoza, Jr.'s death (Doc. 135). Additionally, Paperchine and Abitibi each bring...

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