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READENOUR v. MARION POWER SHOVEL

No. 2 CA-CIV 5183.

149 Ariz. 454 (1985)

719 P.2d 1070

Robert READENOUR and Catherine Readenour, husband and wife, Plaintiffs/Appellees, v. MARION POWER SHOVEL, a DIVISION OF DRESSER INDUSTRIES, INC., a Delaware corporation, Defendant/Appellant.

Court of Appeals of Arizona, Division 2.

March 13, 1985.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Larry L. Smith, Richard McC. Shannon and Jolyon Grant, Phoenix, for plaintiffs/appellees.

Fennemore, Craig, von Ammon, Udall & Powers, P.C. by Calvin H. Udall, Ruth V. McGregor, J. Gregory Osborne, Phoenix, for defendant/appellant Dresser Industries, Inc.

OPINION

HATHAWAY, Judge.

This product liability case arose on July 10, 1981, when plaintiff/appellee Robert Readenour filed suit seeking to recover compensatory damages against appellant for personal injuries received by appellee while working on a power shovel manufactured by appellant. The action was brought on the theories of negligence and strict product liability, and appellant asserted the affirmative defenses of contributory negligence, assumption of...

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