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PHILLIPS v. CAPPS

2 CA-CV 87-0319.

155 Ariz. 597 (1988)

748 P.2d 1221

Steven PHILLIPS, an adult individual, Plaintiff/Appellant, v. Gary CAPPS and Kelly Capps, husband and wife; Dave Fellars Dump Truck Service, Inc., an Arizona corporation; and ABC Corporation, Defendants/Appellees.

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

January 7, 1988.

Attorney(s) appearing for the Case

Frederick C. Creasy, Jr. and David W. Hume, Scottsdale, for plaintiff/appellant.

Gallagher & Kennedy by E. Calvin Fuchs and Chris J. Scheldrup, Phoenix, for defendants/appellees.

OPINION

LIVERMORE, Presiding Judge.

Defendant Estella Marquez was stopped driving westward at a stop sign at 35th Avenue and Clarendon in Phoenix waiting to turn south on 35th. Northbound traffic on 35th was backed up from a traffic light north of Clarendon. Defendant Gary Capps, an employee of defendant Dave Fellars Dump Truck Service, Inc., was driving northbound on 35th and, because of the backup, stopped in the center of three northbound lanes south of...

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