Martinez v. Bucyrus-Erie Company

STRUCKMEYER, Vice Chief Justice.

This action was brought by Luis Martinez to recover damages for injuries sustained during the course of construction of the Phoenix Civic Center in Phoenix, Arizona. The action was dismissed by the trial court on the ground that Martinez’ complaint had not been filed within one year, as required by A.R.S. § 23-1023(B), and this appeal followed. Appellees, defendants in the court below, have cross-ap pealed, urging that the trial court erroneously failed to grant their motion for a summary judgment on the ground that the complaint failed to state a cause of…