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GONZALES v. CITY OF TUCSON

No. 2 CA-CIV 3264.

124 Ariz. 450 (1979)

604 P.2d 1161

Henry GONZALES and Hortensia Gonzales, husband and wife, Plaintiffs/Appellants, v. The CITY OF TUCSON, a municipal corporation; Carl Lewis and Benita Lewis, husband and wife; Francisco Vasquez and Irma Vasquez, husband and wife; and Jeri Carter, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 26, 1979.

Review Denied January 8, 1980.

Attorney(s) appearing for the Case

Robert S. Wolkin, Tucson, for plaintiffs/appellants.

Chandler, Tullar, Udall & Redhair by D.B. Udall, Tucson, for defendants/appellees.

OPINION

HOWARD, Judge.

This was a suit for personal injuries from a gunshot wound inflicted by a City of Tucson policeman. The jury returned a defense verdict.

In the early morning hours of December 30, 1976, Henry Gonzales, who was in an intoxicated condition, decided to clean his pistol. When Mr. Gonzales accidentally shot himself, his wife and child called for assistance from the police who put out a call that there was a person inside the residence...

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