Legal Opinion

Miller v. Westcor Ltd. Partnership

Court of Appeals of Arizona

Decided January 3, 1992No. 1 CA-CV 90-095PublishedCited by 21 opinions

1Opinion of the Court

OPINION

CLABORNE, Judge.

We are faced with an issue not before raised in Arizona: Whether a landowner can be held liable for the acts of an independent contractor, when the independent contractor negligently conducts a fireworks display. We must also decide whether parents of an injured child may claim loss of consortium when the child is severely injured, but not catastrophically so.

Elizabeth Miller and William Latham filed suit against Westcor Limited Partnership (Westcor) and Atlas Enterprises (Atlas) for injuries suffered during a fireworks display at the Flagstaff Mall. The trial court…

2Cases cited16 opinions

  1. Aceves v. Regal Pale Brewing Co.California Supreme Court · 1979
  2. Ft. Lowell-NSS Ltd. Partnership v. KellyArizona Supreme Court · 1990
  3. E. L. Jones Construction Co. v. NolandArizona Supreme Court · 1970
  4. Klein v. Pyrodyne CorporationWashington Supreme Court · 1991
  5. HOWARD FRANK, MD, PC v. Superior CourtArizona Supreme Court · 1986

11 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Pullen v. WestSupreme Court of Kansas · 2004
  2. Brink Electric Construction Co. v. Arizona Department of RevenueCourt of Appeals of Arizona · 1995
  3. Simon v. Safeway, Inc.Court of Appeals of Arizona · 2007
  4. Toms v. Calvary Assembly of God, Inc.Court of Appeals of Maryland · 2016
  5. St. Luke's v. State, Dept. of LawCourt of Appeals of Arizona · 1994

16 more not listed; retrieve them via the Exa API.

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