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WIGGS v. CITY OF PHOENIX

No. CV-99-0401-PR.

10 P.3d 625 (2000)

198 Ariz. 367

Patricia WIGGS, on her own behalf and on behalf of survivors of Shonna Wiggs, deceased, Plaintiff-Appellee, Cross-Appellant, v. CITY OF PHOENIX, a municipal corporation, Defendant-Appellant, Cross-Appellee.

Supreme Court of Arizona, En Banc.

September 5, 2000.

Attorney(s) appearing for the Case

Beale and Micheaels, P.C. By Michael A. Beale, K. Thomas Slack and Zachar & Doughty By Christopher J. Zachar, Phoenix, for Patricia Wiggs.

Jones, Skelton & Hochuli By William R. Jones, Jr., David C. Lewis, The Langerman Law Offices By Amy G. Langerman and Treon, Strick, Lucia & Aguirre By Arthur Newman, Phoenix, for Amicus Curiae Arizona Trial Lawyers Association.

OPINION

MARTONE, Justice.

¶ 1 We granted review in this wrongful death case to decide whether our comparative fault statute, A.R.S. § 12-2506, preserves vicarious liability for an independent contractor's negligence when the employer of that independent contractor has a non-delegable duty. We conclude that it does.

I.

¶ 2 Wiggs' daughter was hit and killed by an automobile while crossing a City of Phoenix street at dusk....

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