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WELCH v. McCLURE

No. 13952.

123 Ariz. 161 (1979)

598 P.2d 980

Berneice WELCH, Individually and as surviving spouse of Duane Oscar Welch, and as mother and Conservator of the Estate of her minor child, Steven Duane Welch, and Gary Alan Welch, Appellants, v. Charles McCLURE and Lillian McClure, husband and wife, and the State of Arizona, Appellees. The STATE of Arizona, Cross Appellant, v. Berneice WELCH, Individually and as surviving spouse of Duane Oscar Welch, and as mother and Conservator of the Estate of her minor child, Steven Duane Welch, and Gary Alan Welch, Cross Appellees.

Supreme Court of Arizona, In Banc.

July 2, 1979.

Attorney(s) appearing for the Case

Healy & Beal, by Robert L. Beal and William T. Healy, Tucson, for appellants-cross appellees.

Lesher, Kimble & Rucker, by William Kimble and Robert O. Lesher, Tucson, for appellees McClure.

John A. LaSota, Jr., former Atty. Gen., Phoenix, Robert K. Corbin, Atty. Gen., by D.B. Udall, Sp. Asst. Atty. Gen., Tucson, for appellee-cross appellant State of Ariz.

HOLOHAN, Justice.

Appellant Berneice Welch filed a wrongful death action against the defendants Charles McClure and his wife and the State of Arizona for causing the death of her husband.

The decedent was employed by the Rainbo Baking Company of Tucson as a truck driver. The defendant Charles McClure was the fleet maintenance supervisor for Rainbo Baking Company and conducted maintenance on the truck which decedent was driving at the time of his death. Decedent...

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