Del E. Webb v. Superior Court of Arizona

FELDMAN, Justice.

Petitioner, defendant in the action below, brings this special action 1 asking us to reverse a superior court ruling that the affirmative defenses of contributory negligence and assumption of the risk are unavailable to defendants in dram shop litigation. Because petitioner has no equally plain, speedy, or adequate remedy by appeal, we granted review. Rule 3, Ariz.R.P. Spec.Act., 17A A.R.S. We have jurisdiction under Ariz. Const, art. 6, § 5(3) and A.R.S. § 12-120.24.

FACTS

On June 1, 1978 Mr. Gurdial S. Doman (Doman) was found drowned in the swimming pool of defendant’s…