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OAKS v. McQUILLER

No. 2 CA-CV 97-0001.

955 P.2d 971 (1998)

191 Ariz. 333

Elmer OAKS, a single person, Plaintiff/Appellant, v. Randal J. McQUILLER, a single person, Defendant/Appellee.

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

Redesignated as Opinion and Publication Ordered March 10, 1998.

Attorney(s) appearing for the Case

Goldberg & Osborne by John E. Osborne and Page C. Axen, Tucson, for Plaintiff/Appellant.

Gust Rosenfeld, P.L.C. by Christopher A. LaVoy, Phoenix, for Defendant/Appellee.

OPINION

ESPINOSA, Judge.

¶ 1 Plaintiff/appellant Elmer Oaks appeals from a summary judgment granted in favor of defendant/appellee Randal J. McQuiller in Oaks's personal injury action. For the reasons set forth below, we vacate and remand.

Facts and Procedural Background

¶ 2 The facts in this case are not in dispute. Oaks and McQuiller were involved in an automobile accident in which Oaks was injured. At the time of the...

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