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LONG v. CORVO

No. 2 CA-CIV 3713.

131 Ariz. 216 (1981)

639 P.2d 1041

James E. LONG, Plaintiff/Appellee, v. John Eugene CORVO, Defendant/Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 29, 1981.

Review Denied January 15, 1982.

Attorney(s) appearing for the Case

Rabinovitz & Dix, P.C. by Bernard I. Rabinovitz, Tucson, for plaintiff/appellee.

Chandler, Tullar, Udall & Redhair by John W. McDonald, Tucson, for defendant/appellant.

OPINION

BIRDSALL, Judge.

This action arose out of an auto-pedestrian accident which occurred at night on December 14, 1975 in Tucson. The plaintiff pedestrian was crossing the two lane street from west to east and defendant was southbound in his motor vehicle. The plaintiff was not in a marked crosswalk and was struck somewhere near the center of the roadway.

Defendant requested and the court gave, over objection, the following "sudden emergency" instruction...

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