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SOUTHERN PACIFIC TRANSPORTATION CO. v. LUECK

No. 11768-PR.

111 Ariz. 560 (1975)

535 P.2d 599

SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware Corporation, Appellant, v. Melanie LUECK, in her Individual capacity and as surviving widow of William T. Lueck, Appellee.

Supreme Court of Arizona, In Banc.

Rehearing Denied June 3, 1975.

Attorney(s) appearing for the Case

Bilby, Thompson, Shoenhair & Warnock by Harold C. Warnock, Richard M. Bilby, Tucson, for appellant.

Barber, Haralson, Giles & Moore by D. Dale Haralson, Tucson, for appellee.

The Association of Trial Lawyers of America, Arizona Branch by Robert G. Begam, Phoenix, amicus curiae.

STRUCKMEYER, Vice Chief Justice.

This is an appeal from a verdict of a jury and a judgment in an action for wrongful death at a railroad crossing. The jury in a unanimous verdict awarded $2,000,000, compensatory, and $1,080,000, punitive damages to Melanie Lueck, the surviving widow of William T. Lueck, deceased, and their two children, ages six years and 18 months. The Court of Appeals, 22 Ariz.App. 90, 523...

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