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HOSOGAI v. KADOTA

No. 1 CA-CIV 6038.

145 Ariz. 254 (1984)

700 P.2d 1354

Michiko HOSOGAI, a surviving widow, individually and on behalf of the surviving children of Fukuo Hosogai, Deceased, Plaintiffs-Appellants, v. Hiroshi KADOTA, or if deceased, John Doe I, the personal representative or administrative or administrator of the estate of Hiroshi Kadota if deceased or Hiroshi Kadota and John Doe II guardian if Hiroshi Kadota is mentally incompetent, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department B.

July 10, 1984.

Attorney(s) appearing for the Case

Monbleau, Vermeire & Turley, P.C. by Albert Vermeire, Kent E. Turley, Phoenix, for plaintiff-appellants.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by John H. Westover, Larry L. Smith, Brian C. Bond, Phoenix, for defendant-appellee.

BROOKS, Judge.

Two issues are raised in this appeal from the judgment of the trial court dismissing appellant's complaint on the ground that the statute of limitations had run:

1. Whether the appellee's absence from the state tolled the running of the statute of limitations. 2. Whether public policy or the doctrine of "equitable tolling" requires that the action be reinstated.

On March 25, 1976, appellant filed her original wrongful death...

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