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DELOZIER v. EVANS

No. 1 CA-CIV 9573.

158 Ariz. 490 (1988)

763 P.2d 986

Chester DELOZIER, Plaintiff-Appellee, v. Wilbur EVANS and Ella Evans, husband and wife, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department C.

Reconsideration Denied August 25, 1988.

Review Denied November 29, 1988.

Attorney(s) appearing for the Case

Robinson & Syme by James J. Syme, Jr., Glendale, for plaintiff-appellee.

George M. Sterling, Jr., Phoenix, for defendants-appellants.

OPINION

J. LaMAR SHELLEY, Judge Pro Tem.

Plaintiff, Chester Delozier, initiated this action against defendants, Wilbur Evans and Ella Evans, owners of the Bar X Tavern, after he was struck on the head with a baseball bat by assailants who had not been identified or apprehended as of the time of the trial. One of the assailants had been in the tavern and had been involved in an altercation with two men earlier that evening.

After trial, the jury returned...

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