Byars v. Arizona Public Service Company

OPINION

WREN, Judge.

This is an appeal from a summary judgment which dismissed plaintiff’s action to recover damages for the wrongful death of her son. We find that it was properly granted.

The complaint filed by plaintiff, Virginia N. Byars, alleged that defendants, Arizona Public Service Company (APS) and El Paso Natural Gas Company (El Paso), were negligent in failing to odorize, or to properly odorize, natural gas supplied to the apartment which the decedent, Gene Byars (Byars), was occupying at the time of his death. It further alleged that as a result thereof, Byars was unaware of escaping…