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BRANNIGAN v. RAYBUCK

No. 16337-PR.

136 Ariz. 513 (1983)

667 P.2d 213

Phyllis BRANNIGAN, Mother of Michael William Brannigan, Deceased, and Vertis Roberts, Sr. and Pauline Roberts, father and mother of Michael J. Roberts, Deceased, Plaintiffs-Appellants, v. Lee David Harry RAYBUCK and Rose Marie Raybuck, his wife, dba Good Time Inn, Defendants-Appellees. Emery JORDAN and Joyce Jordan, father and mother of Danny Jordan, Deceased, Plaintiffs-Appellants, v. Lee David Harry RAYBUCK and Rose Marie Raybuck, his wife, dba Good Time Inn, Defendants-Appellees.

Supreme Court of Arizona, En Banc.

July 5, 1983.

Attorney(s) appearing for the Case

Goldman & Kaplan by Alan Goldman, Vern E. Gasser, Phoenix, for plaintiffs-appellants Brannigan and Roberts.

Mark E. Meltzer, Phoenix, for plaintiff-appellant Brannigan.

Michael R. Sullivan, Phoenix, for plaintiffs-appellants Jordan.

Renaud, Cook & Videan by Joseph B. Swan, Jr., Kathleen A. Kelly, Phoenix, for defendants-appellees.

Langerman, Begam, Lewis & Marks by Stanley J. Marks, Phoenix, for amicus curiae Mothers Against Drunk Drivers (MADD).

William B. Revis, Phoenix, and Haralson, Kinerk & Morey by Burton J. Kinerk and Wallace R. Hoggatt, Tucson, for amicus curiae Arizona Trial Lawyers Ass'n.

Rawlins, Burrus & Lewkowitz by Joseph H. Garagiola, Jr., Phoenix, for amicus curiae Circle K. Corp.

FELDMAN, Justice.

Plaintiffs are the surviving parents of three boys, Michael William Brannigan, Michael J. Roberts and Danny Jordan, who were killed in a motor vehicle accident which occurred on October 8, 1978. The parents of all three filed wrongful death actions against the Raybucks (defendants), who operated a business under the style of "Good Time Inn." The parents alleged that the defendants had breached a duty of care by furnishing liquor to the boys and that...

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