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DIAZ v. MAGMA COPPER CO.

No. 2 CA-CV 96-0051.

950 P.2d 1165 (1997)

190 Ariz. 544

Rachel and Augustine DIAZ, wife and husband, parents of Leonardo M. Diaz, deceased, Plaintiffs/Appellants, v. MAGMA COPPER COMPANY, a Delaware corporation; State of Arizona; Douglas Martin, Arizona Mine Inspector, Defendants/Appellees. Rachel and Augustine DIAZ, wife and husband, Plaintiffs/Appellant, v. David NECOCHEA, Defendant/Appellee.

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

Review Denied February 18, 1998.

Attorney(s) appearing for the Case

Miller, Pitt & McAnally, P.C. by Thomas G. Cotter, Tucson, for Plaintiffs/Appellants.

Grant Woods, Attorney General by Thomas J. Dennis, Phoenix, for Defendants/Appellees State of Arizona and Martin.

Korn Waterman & Simon, P.C. by Diana J. Simon, Tucson, for Defendants/Appellees Necochea and Magma Copper Company.

OPINION

ESPINOSA, Presiding Judge.

Appellants Rachel and Augustine Diaz appeal from summary judgments granted in favor of appellees Magma Copper Company, Magma employee David Necochea, the State of Arizona, and State Mine Inspector Douglas Martin in the Diazes' action seeking damages for the death of their son Leonardo Diaz in a mining accident. For the reasons set forth below, we affirm the judgment granted in favor of Magma and Necochea, but reverse...

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