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SHELBY v. ACTION SCAFFOLDING, INC.

No. CA-CV 89-0170.

164 Ariz. 302 (1990)

792 P.2d 765

Stephen Jay SHELBY, Plaintiff/Appellant, v. ACTION SCAFFOLDING, INC., Defendant/Appellee.

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

Review Granted and Cross Petition for Review Granted June 19, 1990.

Attorney(s) appearing for the Case

John D. Kaufmann by Kathleen O'Dea, Tucson, for plaintiff, appellant.

Chandler, Tullar, Udall & Redhair by Christopher J. Smith and John W. McDonald, Tucson, for defendant, appellee.

OPINION

ROLL, Judge.

Plaintiff Stephen Jay Shelby appeals from an order of the trial court entering judgment in favor of Action Scaffolding, Inc. (Action), and assessing costs against Shelby. This matter involves a question of first impression in this jurisdiction, to wit, in light of A.R.S. § 12-2504, what effect does a settlement have on a jury's verdict against a non-settling defendant? For the reasons set forth below, we vacate the judgment of the...

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