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DUCKSWORTH v. TOWMOTOR CORP.

No. 2 CA-CV 5894.

153 Ariz. 330 (1987)

736 P.2d 813

Ossie DUCKSWORTH, Plaintiff/Appellant, v. TOWMOTOR CORPORATION, an Ohio corporation; Empire Machinery Co., Inc., an Arizona corporation; and Empire Lift, Inc., an Arizona corporation, Defendants/Appellees.

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

Reconsideration Denied March 9, 1987.

Review Denied April 28, 1987.

Attorney(s) appearing for the Case

DeConcini, McDonald, Brammer, Yetwin & Lacy by Kenneth C. Sundlof, Jr. and Diane M. Miller, Phoenix, for plaintiff/appellant.

Fennemore, Craig, von Ammon, Udall & Powers by Linwood C. Perkins, Jr. and William T. Burghart, Phoenix, for defendant/appellee Towmotor Corp.

Stinson & Douglas by William H. Douglas and Warren R. Brown, Phoenix, for defendants/appellees Empire Machinery Co., Inc. and Empire Lift, Inc.

OPINION

LIVERMORE, Presiding Judge.

Donnie Ducksworth, a refuse container repairman for the City of Tempe, was killed in an industrial accident on October 14, 1982. His mother, plaintiff Ossie Ducksworth, filed a claim for death benefits with the Industrial Commission in June 1983. In February 1984 that claim was settled by the City of Tempe for $7,500.00, the settlement agreement providing:

The parties expressly agree that if Ossie Ducksworth, by...

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