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HERNANDEZ v. STATE

No. 2 CA-CIV 3678.

128 Ariz. 30 (1980)

623 P.2d 819

Gilbert R. HERNANDEZ and Josephine I. Hernandez, husband and wife, and The Estate of Anita Hernandez, Plaintiffs/Appellees, v. The STATE of Arizona, Defendant/Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 29, 1980.

Review Denied January 20, 1981.

Attorney(s) appearing for the Case

Miller, Pitt & Feldman, P.C. by Richard L. McAnally and John L. Tully, Tucson, for plaintiffs/appellees.

Robert K. Corbin, Atty. Gen., Lesher, Kimble & Rucker, P.C. by Monte C. Clausen, Tucson, for defendant/appellant.

OPINION

RICHMOND, Judge.

Defendant State of Arizona appeals from an order pursuant to 16 A.R.S. Rules of Civil Procedure, 59(i), conditionally granting plaintiffs Gilbert and Josephine Hernandez a new trial on the issue of damages for personal injuries sustained by Josephine and for the death of their 8-year-old child, Anita, unless the state agreed to increases in the damages awarded by the jury. The state failed to file a statement accepting the increases...

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