DeLozier v. Smith

OPINION

KRUCKER, Judge.

We rendered our decision in this case affirming a judgment in favor of five minor children in a wrongful death action for the death of their mother instituted by the father on behalf of himself and said children. (21 Ariz.App. 599, 522 P.2d 555, filed May 14, 1974.) Since we are of the opinion that appellant’s motion for rehearing is well-taken and that our original decision was erroneous, the motion for rehearing is granted and we conclude that the judgment must be reversed.

A brief reiteration of the facts is as follows. Appellee, surviving spouse of the decedent,…