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MARTINEZ v. BUCYRUS-ERIE COMPANY

No. 11757.

113 Ariz. 119 (1976)

547 P.2d 473

Luis MARTINEZ, Appellant, v. BUCYRUS-ERIE COMPANY, Road Machinery Co., Hudspeth Steel & Mfg. Co., Inc., and Herbert Ring, Appellees.

Supreme Court of Arizona, In Division.

Rehearing Denied April 27, 1976.

Attorney(s) appearing for the Case

Harrison, Myers & Singer, by Mark I. Harrison, Phoenix, for appellant.

Lewis & Roca, by Walter Cheifetz, Mary M. Schroeder, Marty Harper, Phoenix, for appellee Bucyrus-Erie Co.

Snell & Wilmer, by Bruce Norton, Phoenix, for appellee Road Machinery Co.

Renaud, Cook, Miller & Cordova, by J. Gordon Cook, Phoenix, for appellee Hudspeth Steel & Mfg. Co., Inc.

Behrens, MacLean & Jacques by John H. MacLean, Phoenix, for appellee Herbert Ring.

Robert K. Park, Chief Counsel, State Compensation Fund, by J. Victor Stoffa, Phoenix, amicus curiae.

STRUCKMEYER, Vice Chief Justice.

This action was brought by Luis Martinez to recover damages for injuries sustained during the course of construction of the Phoenix Civic Center in Phoenix, Arizona. The action was dismissed by the trial court on the ground that Martinez' complaint had not been filed within one year, as required by A.R.S. § 23-1023(B), and this appeal followed. Appellees, defendants in the court below, have cross-appealed, urging that the trial...

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