Legal Opinion

Mariscal v. American Smelting & Refining Co.

Court of Appeals of Arizona

Decided June 13, 1975No. 2 CA-CIV 1810PublishedCited by 1 opinion

1Opinion of the Court

OPINION

HOWARD, Chief Judge.

Luis A. Mariscal, Jr. was fatally injured on the job at appellee’s smelter in Hayden, Arizona. His surviving parents brought this wrongful death action against American Smelting and Refining Company (ASARCO). They appeal from the summary judgment in ASARCO’s favor. The following facts are undisputed: (1) The decedent was working in a hazardous occupation as defined by A.R.S. § 23-803 (Employer’s Liability Law) ; (2) decedent was unmarried and left no “dependents” for. the purposes of Workmen’s Compensation Act (A.R.S. § 23-901 et seq.); (3) ASARCO was subject to the…

2Cases cited11 opinions

  1. Arizona Employers' Liability CasesSupreme Court of the United States · 1919
  2. Maiuri v. Sinacola Construction Co.Michigan Supreme Court · 1969
  3. Moseley v. Lily Ice Cream Co.Arizona Supreme Court · 1931
  4. Halenar v. SUPERIOR COURT, IN & FOR CTY. OF MARICOPAArizona Supreme Court · 1972
  5. Mullarkey v. Florida Feed Mills, Inc.Supreme Court of Florida · 1972

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3Cited by1 opinion

  1. Mariscal v. American Smelting & Refining Co.Arizona Supreme Court · 1976

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