FEHRIBACH v. SMITH

No. 1 CA-CV 00-0382.

22 P.3d 508 (2001)

200 Ariz. 69

Ronald FEHRIBACH, as Personal Representative of the Estate of Stella A. Fehribach, deceased, Plaintiff-Appellant, v. Kenneth SMITH and Jozelle Smith, individually and as Trustees of the Smith Family Trust; Mato Corporation, an Arizona corporation; Michael Martinez and Jane Doe Martinez, husband and wife, Defendants-Appellees.

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

April 26, 2001.


Attorney(s) appearing for the Case

Jack Levine, Phoenix, Attorney for Plaintiff-Appellant.

Ricker & Bustamante, L.L.P., by Dennis A. Sever, Phoenix, Attorneys for Defendants-Appellees.


OPINION

FIDEL, Judge.

¶ 1 The injury that underlies this lawsuit resulted from a dangerous condition on premises that had been owned and operated by the appellees, but had been placed in receivership four days before the injury. We consider on appeal whether the transfer of possession and control to the receiver wholly relieved the appellees of liability for an injury that a fact-finder might conclude had resulted, at least in part, from their failure...

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