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HLAVATY v. SONG

107 Ariz. 606 (1971)

491 P.2d 460

George HLAVATY and Shirley Mae Hlavaty, husband and wife, Appellants, v. Jack J. SONG and Alice Song, his wife, d/b/a China Lil Restaurant, Appellees.

Supreme Court of Arizona, In Banc.

December 6, 1971.

Attorney(s) appearing for the Case

Evans, Kitchel & Jenckes by Robert R. Mills and Leon D. Bess, Phoenix, for appellants.

Jack M. Anderson and Stephen L. Weiss, Phoenix, for appellees.

CAMERON, Justice.

This is a petition for review of an opinion and decision of the Court of Appeals which affirmed the trial court's directed verdict in favor of the defendant restaurant owner in a "slip and fall" case.

We are called upon to determine:

1. whether there was sufficient evidence of negligence on the part of the defendant to require that the matter be submitted to the jury for decision, and 2. the admissibility of the absence...

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