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FREEDMAN v. WOLFSWINKEL

No. 1 CA-CIV 1593.

19 Ariz. App. 307 (1973)

506 P.2d 1092

Morton FREEDMAN, Arizona Properties of Illinois, Inc., an Illinois corporation, and Bell Brand Land and Development Company, an Arizona corporation, Appellants, v. Clifford L. WOLFSWINKEL, Arizona Properties, Inc., an Arizona corporation, and George Miller, Appellees. Morton FREEDMAN, Arizona Properties of Illinois, Inc., an Illinois corporation, Bell Brand Land and Development Company, an Arizona corporation, Clifford L. Wolfswinkel, Arizona Properties, Inc., an Arizona corporation, and George Miller, Appellants, v. William SUDBRACK, Executor of the Estate of Marzella Ann Roer, Deceased, Appellee.

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

Rehearing Denied April 17, 1973.

Review Denied May 22, 1973.

Attorney(s) appearing for the Case

Shimmel, Hill & Bishop, P.C., by Merton E. Marks and Richard B. Johnson, Phoenix, and Lissner, Rothenberg, Reif & Barth, by Henry B. Rothenberg, Chicago, Ill., for Morton Freedman, Bell Brand Land And Development Co., an Arizona Corporation, and Arizona Properties of Illinois, Inc., an Illinois Corporation.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, by John H. Killingsworth and Richard J. Woods, Phoenix, for Clifford L. Wolfswinkel, Arizona Properties, Inc., an Arizona Corporation, and George Miller.

Minne & Sorenson and Cavness, DeRose, Senner & Rood, by John W. Rood, Phoenix, for William Sudbrack, Executor of Estate of Marzella Ann Roer, Deceased.

STEVENS, Judge.

Marzella Ann Roer (Mrs. Roer) met her death by an accident which occurred on Saturday, 22 June 1968. At the time she was an unmarried woman, 36 years of age and the mother of sons aged 10 and 12. An action for damages was filed resulting in a judgment in favor of her estate against all of the defendants in the sum of $80,000. All of the parties to the Superior Court action are before this Court in connection with this appeal. In addition to the common...

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