TRIBE v. SHELL OIL CO., INC.

No. 15832.

133 Ariz. 517 (1982)

652 P.2d 1040

Charles W. TRIBE and Clotilda Tribe, husband and wife, Plaintiffs-Appellants, v. SHELL OIL COMPANY, INC., a corporation, and Clayson K. Smock, Defendants-Appellees.

Supreme Court of Arizona, In Division.

Rehearing Denied November 2, 1982.


Attorney(s) appearing for the Case

Robinson & Syme by James J. Syme, Glendale, for appellants Tribe.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Michael W. Carnahan, Larry L. Smith and Brian C. Bond, Phoenix, for appellees Shell Oil.

Burch & Cracchiolo by Timothy L. Pierson and Brian Kaven, Phoenix, for appellees Smock.


HAYS, Justice.

Plaintiffs (appellants) brought a negligence action to recover for injuries suffered as a result of a fall while patrons at defendants' (appellees) service station. The trial court granted summary judgment in favor of the defendants and this appeal follows.

We took jurisdiction pursuant to A.R.S. § 12-2101 and 17A A.R.S., Rules of Civil Appellate Procedure, rule 19(e).

Summary judgment is generally not appropriate in negligence...

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