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SHIRKEY v. CRAIN & ASSOCIATES MANAGEMENT CO.

No. 2 CA-CIV 3768.

129 Ariz. 128 (1981)

629 P.2d 95

Esther SHIRKEY and Charles Shirkey, wife and husband, Plaintiffs/Appellees, v. CRAIN & ASSOCIATES MANAGEMENT COMPANY, INC., dba Villa Serenas Apartments, Defendant/Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 15, 1981.

Review Denied June 2, 1981.

Attorney(s) appearing for the Case

Davis, Siegel, & Gugino, by Stuart J. Siegel, Tucson, for plaintiffs/appellees.

Donald Estes, Tucson, for defendant/appellant.

OPINION

BIRDSALL, Judge.

Appellant leased an apartment in its complex to appellees. A "soap and grab" fixture was installed in the tile wall by the tub in the bathroom of the unit. Appellee, Charles Shirkey, was injured when the fixture came out of the wall as he was using it to support himself in getting out of the tub. A jury was waived and the trial court awarded damages to appellees for the injuries sustained. This appeal followed.

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