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MADERS v. ESTES CO.

No. 2 CA-CV 90-0301.

169 Ariz. 458 (1991)

820 P.2d 322

Donald MADERS, Plaintiff/Appellant, v. ESTES COMPANY and Estes Development Company, Defendants/Appellees.

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

As Corrected July 26, 1991.

Review Denied November 19, 1991.

Attorney(s) appearing for the Case

Rabinovitz & Associates, P.C. by Bernard I. Rabinovitz, Tucson, for plaintiff/appellant.

Bury, Moeller, Humphrey & O'Meara by David C. Bury and Marshall Humphrey, III, Tucson, for defendants/appellees.

JAMES C. CARRUTH, Superior Court Judge.**

Plaintiff Donald Maders appeals from the trial court's granting of summary judgment in favor of defendant Estes Development Company (Estes), in this negligence action. For the reasons set forth below, we affirm.

FACTS

Viewed in the light most favorable to appellant, Hill-Shafer Partnership v. Chilson Family Trust, 165 Ariz. 469, 472,

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