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JOHNSON v. STATE EX REL. DOT

No. 1 CA-CV 08-0077.

213 P.3d 207 (2009)

Kristen JOHNSON, surviving spouse of Mark Wayne Johnson, deceased, individually, and as statutory plaintiff and as natural mother and next of friend of Garrett Johnson, a minor; Mason Johnson, a minor; Kelley Johnson, a minor; and Jenna Johnson, a minor, surviving children of Mark Wayne Johnson, deceased; and Garry Johnson and Jane Johnson, husband and wife, and surviving parents of Mark Wayne Johnson, deceased, Plaintiffs/Appellants, v. STATE of Arizona, by and through Its DEPARTMENT OF TRANSPORTATION, Defendant/Appellee.

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

June 18, 2009.

Attorney(s) appearing for the Case

Luis P. Guerra, L.L.C. By Luis P. Guerra, Phoenix, Attorneys for Plaintiffs/Appellants.

Burke, Panzarella, Rich By Thomas P. Burke, II, Elizabeth L. Fleming, Shauna B. Yoder, Phoenix, Attorneys for Defendant/Appellee.

OPINION

BARKER, Judge.

¶ 1 In this opinion we address several issues of first impression as to subsequent remedial measures. For the reasons that follow, and those in the separately filed memorandum decision,1 we affirm.

Facts and Procedural History2

¶ 2 This is an appeal from a jury verdict against the Johnsons...

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