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KLAIBER v. ORZEL

No. 18374-PR.

148 Ariz. 320 (1986)

714 P.2d 813

Jerry D. KLAIBER, et al., Petitioners, v. Kathy P. ORZEL, et ux., et al.; Judge Robert B. Buchanan, Judge of the Superior Court, Respondents, and WAGON WHEEL POST BAR, Real Party in Interest.

Supreme Court of Arizona, En Banc.

January 31, 1986.

Attorney(s) appearing for the Case

Schwanbeck, Lane & Present by Victor R. Schwanbeck, Tucson, for petitioners.

Hazlett & Wilkes by Carl E. Hazlett, Tucson, for real party in interest.

GORDON, Vice Chief Justice.

This action arises out of a fatal car accident which occurred on November 27, 1983. At approximately 6:20 p.m. a car driven by Kathy Dilatush (Orzel) and carrying Sandra Hunt as a passenger, crossed the center line and crashed head-on into the Klaibers' car. Jeannette Klaiber was killed while Jerry and Leslie Klaiber were injured. It was determined that Dilatush had a blood alcohol content of .24 percent, more than twice the legal limit...

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