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MONTGOMERY ELEVATOR CO. v. SUPERIOR COURT

No. 16446-SA.

135 Ariz. 432 (1983)

661 P.2d 1133

MONTGOMERY ELEVATOR COMPANY, Petitioner, v. SUPERIOR COURT OF the STATE of Arizona In and For the COUNTY OF MARICOPA and Alan S. Kamin, a Judge thereof; Michael PHILLIPS, a minor, by his next friend, Terri ORTEGA, real party in interest, Respondents.

Supreme Court of Arizona, En Banc.

March 30, 1983.

Attorney(s) appearing for the Case

Struckmeyer & Wilson by Donald R. Wilson, James Junker, Phoenix, for petitioner.

Ladendorff & Ridge by Warren C. Ridge, Donald G. Isaacson, Phoenix, for respondent minor.

FELDMAN, Justice.

Petitioner brings this special action claiming that the respondent judge abused his discretion in granting a motion for protective order. Finding that there was no adequate remedy by appeal, we accepted jurisdiction. Ariz.R.Sp.Act. 8, 17A A.R.S. We find that the protective order was improper, and grant relief.

Plaintiff was injured by an escalator at a department store in Phoenix. Through his next friend, plaintiff brought an action for damages...

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