Firestone Tire and Rubber Co. v. Brown

678 P.2d 515, 139 Ariz. 330 (1983)

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Firestone Tire and Rubber Co. v. Brown

Arizona Court of Appeals
678 P.2d 515, 139 Ariz. 330 (1983)

Facts

Tony Martinez (plaintiff) was the petitioner in a suit against Goodyear Tire & Rubber Company (defendant) for an injury he sustained arising out of his employment by a third party. Martinez had received workers’-compensation benefits of over $113,000. In October 1981, Firestone Tire and Rubber Company (Firestone) (defendant) was added to the case as a defendant. On February 6, 1983, Martinez died. Martinez had no dependents. A motion was filed to substitute the personal representative of Martinez as the plaintiff. Firestone opposed the motion and filed a motion for summary judgment on the basis that Martinez had no dependents and, therefore, the action could not be maintained. The court granted the motion to substitute the personal representative as the plaintiff and denied Firestone’s motion for summary judgment. Firestone brought a special action against the court.

Rule of Law

Issue

Holding and Reasoning (Howard, C.J.)

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