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FIRESTONE TIRE AND RUBBER CO. v. BROWN

No. 2 CA-CIV 4946.

139 Ariz. 330 (1983)

678 P.2d 515

The FIRESTONE TIRE AND RUBBER COMPANY, an Ohio corporation, Caterpillar Tractor Company and Goodyear Tire & Rubber Company, Petitioners, v. The Honorable Michael BROWN, Judge of the Superior Court of the State of Arizona, In and For the County of Pima, Respondent, and Alan D. BOGUTZ, Personal Representative of the Estate of Tony Martinez, Deceased, State Compensation Fund, Real Parties in Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied January 25, 1984.

Review Denied March 20, 1984.

Attorney(s) appearing for the Case

Jones, Dickerman, Nuckolls, Edwards & Smith, P.C. by Philip Hawley Smith, Tucson, for petitioner Firestone Tire and Rubber Company.

Murphy & Hazlett by Carl E. Hazlett, Tucson, for petitioner Caterpillar Tractor Company.

Chandler, Tullar, Udall & Redhair by Dan Cavett, Tucson, for petitioner Goodyear Tire & Rubber Company.

Law Offices of Richard D. Grand by Thomas J. McHugh, Tucson, for real party in interest Bogutz.

Law Offices of Robert K. Park by John R. Greer, Phoenix, for real party in interest State Compensation Fund.

OPINION

HOWARD, Chief Judge.

If an employee is injured in the course of his employment by a third party, applies for and receives workmen's compensation benefits and then dies without leaving dependents, can his personal representative pursue a claim for wrongful death under A.R.S. § 12-611? That is the issue to be resolved here.

Petitioner Firestone Tire and Rubber Company brings this special action to challenge the respondent court's granting...

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