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BRUCE CHURCH, INC. v. PONTECORVO

No. 1 CA-CIV 4033.

124 Ariz. 305 (1979)

603 P.2d 932

BRUCE CHURCH, INC., a corporation, Appellant, v. Michael PONTECORVO, Individually, and as Guardian for Joseph Pontecorvo, and Joseph Pontecorvo, Appellees.

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

Rehearing Denied October 11, 1979.

Review Denied October 30, 1979.

Attorney(s) appearing for the Case

Anderson & Anderson by Jack M. Anderson and John S. Schaper, Phoenix, for appellant.

Fennemore, Craig, von Ammon & Udall by Silas H. Shultz, Michael Preston Green, Patrick Wm. Paterson, Phoenix, for appellees.

OPINION

JACOBSON, Judge.

This appeal raises issues dealing with the trial court's awarding an additur and conditional new trial on damages, whether the defendant was entitled to an assumption of risk instruction and admissibility of plaintiff's "bad acts" occurring prior to his eighteenth birthday.

On March 6, 1973, plaintiff/appellee, Joseph Pontecorvo, was injured in an accident on Laguna Dam Road in Yuma County, Arizona, involving two prices of...

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