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ISBELL v. STATE

No. CV-99-0330-PR.

9 P.3d 322 (2000)

198 Ariz. 291

Mary E. ISBELL, for and on her own behalf as surviving spouse of Richard Levonne ISBELL, for and on behalf of Dennis Isbell, David Isbell, John Isbell, Marsha Isbell, and Joseph Isbell, the surviving children of Richard Levonne Isbell, Plaintiffs-Appellees. v. STATE of Arizona, Defendant-Appellant.

Supreme Court of Arizona, En Banc.

August 31, 2000.

Attorney(s) appearing for the Case

Begam, Lewis, Marks & Wolfe, P.A. By Elliott G. Wolfe and Dena Rosen Epstein, Phoenix, Attorneys for Mary E. Isbell, et al.

Campana, Vieh, Shore, Owens & Loeb, P.C. By Donald O. Loeb, Scottsdale, Attorneys for State of Arizona.

The Langerman Law Offices By Amy G. Langerman, Phoenix, Haralson, Miller, Pitt & McAnally By Dale Haralson and John P. Leader, Tucson, Jeffrey White, Washington, D.C., Richard Middleton, Jr., Savannah, Georgia, Attorneys for Amici Curiae, Arizona Trial Lawyers Association and American Trial Lawyers Association.

OPINION

MARTONE, Justice.

¶ 1 This is a wrongful death action brought by Isbell against the State of Arizona for the death of her husband, who was killed when the truck he was driving collided with a train at a crossing in Chandler. The case was here before. Southern Pac. Transp. Co. v. Yarnell, 181 Ariz. 316, 890 P.2d 611 (1995). Since then, Southern Pacific settled. the case...

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