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DASSINGER v. ODEN

No. 1 CA-CIV 4045.

124 Ariz. 551 (1979)

606 P.2d 41

John DASSINGER, Sr., and Shirley Dassinger, husband and wife, Appellants, v. R.K. ODEN and Jane Doe Oden, husband and wife; J.C. Sanchez, and Jane Doe Sanchez, husband and wife; State of Arizona; the Department of Public Safety, an Agency of the State of Arizona, Appellees.

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

December 11, 1979.

Attorney(s) appearing for the Case

Harry E. Craig, and John L. Wiehn, Phoenix, for appellants.

Jones, Teilborg, Sanders, Haga, Parks & Stephenson, by Terrence P. Woods, and John C. Gemmill, Phoenix, for appellees.

OPINION

DONOFRIO, Judge.

Appellants filed a negligence action against appellees alleging injuries and damages arising out of an arrest situation. The complaint alleged that despite warnings about appellant John Dassinger's multiple sclerosis Officer Oden handcuffed him behind his back thereby causing physical injury. The controversy below and on appeal is whether appellants complied with the claim requirements of A.R.S. § 12-821. Fulfilling these requirements...

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