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STATE FARM MUT. AUTO. INS. CO. v. BOGART

No. 1 CA-CIV 6554.

149 Ariz. 154 (1985)

717 P.2d 458

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a corporation, Plaintiff-Appellant, v. Joseph K. BOGART and Donna M. Bogart, his wife; the Hertz Corporation, a Delaware corporation; Employers Insurance of Wausau, a mutual company; John J. May and Margaret May, his wife, Defendants-Appellees.

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

January 17, 1985.

Attorney(s) appearing for the Case

Hofmann, Salcito, Stevens & Myers, P.A. by Leroy W. Hofmann, Phoenix, for plaintiff-appellant.

Browder & Kenney, P.C. by Robert W. Browder, Phoenix, for defendants-appellees, Employers Ins.

Leonard & Clancy, P.C. by Kenneth P. Clancy, Phoenix, for defendant-appellee Bogart.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.C. by Noreen L. Sharp, Phoenix, for defendant-appellee Hertz Corp.

OPINION

BROOKS, Presiding Judge.

The issue presented on appeal is whether the trial court erred by granting summary judgment in favor of the appellees. The facts are undisputed.

On the date of the automobile accident which triggered this litigation, John May was employed by Xerox as a branch manufacturing consultant. This job required a good deal of travel. On the day in question, May arrived by air in Phoenix and rented an automobile from Hertz Corporation...

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