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ORTIZ v. CLINTON

No. 1 CA-CV 95-0559.

187 Ariz. 294 (1996)

928 P.2d 718

Renee Michelle ORTIZ and Joe Manuel Ortiz, wife and husband, Plaintiffs-Appellants, v. Jeremy CLINTON, Defendant-Appellee.

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

Reconsideration Denied December 16, 1996.

Attorney(s) appearing for the Case

Robbins, Shumway & Foreman by G. Lynn Shumway, Phoenix, for Plaintiffs-Appellants.

Doyle, Appel & Shook by Marc A. Appel, Phoenix, for Defendant-Appellee.

OPINION

CHRISTOPHER M. SKELLY, Judge.1

This appeal addresses whether an employee who was intoxicated while driving on the job and who failed to heed his co-worker's order to stop the vehicle was acting outside the scope of his employment. We hold that the trial court correctly concluded that the employee was within the scope of his employment and that the co-worker's exclusive remedy against the employee is workers' compensation...

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