Burgbacher v. Mellor

HAYS, Justice.

On a rainy afternoon, Joseph H. Mellor, a man eighty years old, slipped while hurrying across a wet exterior sidewalk near the north entrance of the Park Central Medical Building in Phoenix. He fell, striking the back of his head upon the pavement. Mellor died as a result of the brain injuries approximately two months later.

Anna Mellor, the surviving spouse, sued for the wrongful death of her husband. She alleged negligence on the part of A. J. and Ralph Burgbacher who do business as the Park Central Medical Building, strict liability in tort, negligence or failure to warn, and…