Henshaw v. Mays

JACOBSON, Chief Judge, Division 1.

This appeal raises the question as to whether plaintiffs who are receiving benefits under the workmen’s compensation laws of Arizona may maintain an action against allegedly negligent third party tortfeasors more than one year after the cause of action accrued.

The material facts giving rise to this appeal are not in dispute. On January 31, 1970, Sylvester Henshaw was killed in the course of his employment as a citrus fruit picker. Mr. Henshaw’s death occurred when he came in contact with an electrical transformer. Rosie Henshaw, widow of Mr. Henshaw, and…