City of Tucson v. Wondergem

McFarland, justice:

This case comes before us on a petition for review of a decision of the Court of Appeals, Division II, which affirmed a judgment of the trial court in favor of appellee, Jennie Wondergem, surviving spouse of Peter Wondergem, deceased— hereinafter referred to as plaintiff— against'the City of Tucson — hereinafter referred to'as the City. The petition for review was granted, and the decision of the Court of Appeals is vacated.

There were- two trials. In the first, a new trial was granted on the ground that an- “Act of God” instruction was improper,. which was affirmed by the…