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SUCANICK v. CLAYTON

No. 2 CA-CIV 5798.

152 Ariz. 158 (1986)

730 P.2d 867

Charles SUCANICK, Plaintiff/Appellant, v. Arnold CLAYTON and Jane Doe Clayton, husband and wife dba ARNOLD'S 2 X 4 Lounge; Donald Moffatt and Jane Doe Moffatt, husband and wife; John Does and Jane Does I through V, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department A.

October 28, 1986.

Attorney(s) appearing for the Case

Jacoby & Meyers Law Offices by John R. Baker and Michael G. Arenz, Scottsdale, for plaintiff/appellant.

Jones, Skelton & Hochuli by Michael W. Foster and Larry J. Cohen, Phoenix, for defendants/appellees.

OPINION

FERNANDEZ, Judge.

This case involves the responsibility of a tavern owner to protect his patrons from assaults by third persons. We affirm the trial court's order granting summary judgment in favor of the tavern owner.

Appellant Charles Sucanick was entering Arnold Clayton's 2 X 4 Lounge in Glendale, Arizona, to have a drink when he was stabbed by another patron, Joe Poole, who was wildly swinging a knife. The evidence is conflicting as to...

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