Quadrone v. Pasco Petroleum Co., Inc.

OPINION

LIVERMORE, Presiding Judge.

On January 18, 1984, Sam Quadrone was injured when he slipped and fell at a gas station owned by appellee. His suit filed May 9, 1984, was joined by appellant, his wife, who sought damages for loss of consortium. By stipulation of the parties the suit was dismissed without prejudice on August 29, 1984, so that it could be refiled on August 31, 1984, the effective date of Arizona’s comparative negligence statutes, A.R.S. §§ 12-2501 to 2509.

The matter proceeded to trial on January 13,1987. During its deliberations, the jury sent a note to the judge asking if…