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SHIELLS v. KOLT

No. 2 CA-CIV 5500.

148 Ariz. 424 (1986)

714 P.2d 1319

William N. SHIELLS, a single man, Plaintiff/Appellant, v. R.F. KOLT and Donald W. Kolt, Oracle Wetmore Carwash, an Arizona partnership, Defendants/Appellees.

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

February 18, 1986.

Attorney(s) appearing for the Case

Druke, Feulner & Cornelio, P.C. by Carmine Cornelio, Richard J. Michela, Tucson, for plaintiff/appellant.

Kimble, Gothreau, Nelson & Cannon, P.C. by Daryl A. Audilett, Tucson, for defendants/appellees.

OPINION

BIRDSALL, Presiding Judge.

This appeal is from a summary judgment dismissing appellant's personal injury complaint.

The appellant drove to a carwash owned and/or operated by the appellees to buy gasoline. Upon exiting the cashier's office, he vaulted over a two and one-half-foot to three-foot railing along a walkway in front of the office. The railing collapsed and he was injured. The railing, which was made of steel pipe and anchored to the...

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