(Download) "Rodriquez v. Terry" by Arizona Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Rodriquez v. Terry
- Author : Arizona Supreme Court
- Release Date : January 22, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
On March 3, 1953, Earl J. Rodriquez, appellant herein, Mildred Rodriquez, his wife, and one Roland L. Stanley, were traveling through Arizona in an automobile owned by appellant. Stanley was driving when the automobile was involved in a collision with a certain truck near Cienga Wash, Pima County, Arizona. The collision caused the deaths of Mrs. Rodriquez and Stanley, personal injuries to appellant and damage to his automobile. Following the death of Stanley, appellant in May, 1954, brought an action in the superior court of Pima County against Anthony Terry, as administrator of the estate of Roland L. Stanley, deceased, appellee herein, alleging that Stanley was negligent in his operation of the automobile and asking relief in two counts; the first for damages for the wrongful death of Mildred Rodriquez and for personal injuries sustained by appellant, and the second for damages to the automobile. Appellee moved to dismiss count one for failure to state a claim for the reason the action was not commenced until after the death of the alleged tort-feasor. From judgment of the court granting the motion, appellant appeals and claims the court erred for the reason that "a cause of action for wrongful death and for personal injuries does not abate upon the death of the tort-feasor". Appellant asks us to reconsider the liability of the estate of a deceased tort-feasor. This question was decided adversely to appellant in the recent case of Gustafson v. Rajkovich, 76 Ariz. 280, 263 P.2d 540, 40 A.L.R.2d 520.
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