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ORTH v. COLE

No. 1 CA-CV 97-0194.

955 P.2d 47 (1998)

191 Ariz. 291

James ORTH, a married man, Plaintiff-Appellant, v. Kennard Ernest COLE, individually and doing business as the Apartments on Sandwood; Judy Husk, individually and as agent for Havasu Management Services, Inc., an Arizona corporation, Defendants-Appellees.

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

March 10, 1998.

Attorney(s) appearing for the Case

Levenbaum & Cohen by Steven A. Cohen, Phoenix, for Plaintiff-Appellant.

Teilborg, Sanders & Parks, P.C. by David J. Damron, Mary G. Isban, Melinda K. Cekander, Phoenix, for Defendant-Appellee Cole.

Grossman, Goldstein & Forsythe by Evan Goldstein, Scottsdale, for Defendants-Appellees Husk and Havasu Management.

OPINION

NOYES, Judge.

¶ 1 James Orth ("Plaintiff") is a fireman who was injured during routine inspection of an apartment complex owned and operated by Defendants. In this lawsuit, Plaintiff claims that Defendants are at fault for his injuries and should pay damages. The trial court granted summary judgment to Defendants on grounds that the "fireman's rule" bars lawsuits such as this. Our jurisdiction of Plaintiff's appeal is pursuant to Arizona Revised...

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