Firestone Tire & Rubber Co. v. Brown

OPINION

HOWARD, Chief Judge.

If an employee is injured in the course of his employment by a third party, applies for and receives workmen’s compensation benefits and then dies without leaving dependents, can his personal representative pursue a claim for wrongful death under A.R.S. § 12-611? That is the issue to be resolved here.

Petitioner Firestone Tire and Rubber Company brings this special action to challenge the respondent court’s granting of a motion to substitute the real parties in interest as plaintiffs in the lower court and the court’s denial of its motion for summary judgment. We…