Legal Opinion

Herman v. Sedor

Court of Appeals of Arizona

Decided May 21, 1991No. 2 CA-CV 91-0025PublishedCited by 4 opinions

1Opinion of the Court

OPINION

FERNANDEZ, Chief Judge.

The only issue presented in this case is whether there was any evidence to support the giving of a jury instruction. We agree with appellant that there was not and remand for a new trial.

This tragic case arises out of the death of Andrew Herman, a two-and-a-half-year-old child who drowned on June 3, 1989 in a swimming pool at a Tucson residence where he lived with his maternal grandparents. The grandparents moved into the premises in August 1987 pursuant to a written lease with appellees Steven and Leonore Sedor. At that time, the child was seven months old. On…

2Cases cited5 opinions

  1. Kauffman v. SchroederArizona Supreme Court · 1977
  2. Spur Feeding Company v. FernandezArizona Supreme Court · 1970
  3. City of Mesa v. BradshawCourt of Appeals of Arizona · 1969
  4. Ong v. Pepsi Cola Metropolitan Bottling Co.Court of Appeals of Arizona · 1972
  5. Hammer v. Bell Construction Co.Court of Appeals of Arizona · 1971

3Cited by4 opinions

  1. S Development Co. v. Pima Capital Management Co.Court of Appeals of Arizona · 2001
  2. City of Phoenix v. ClaussCourt of Appeals of Arizona · 1994
  3. R & M Oxford Construction, Inc. v. SmithCourt of Appeals of Arizona · 1992
  4. S Development Co. v. Pima Capital Management Co.Court of Appeals of Arizona · 2001

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