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Maldonado v. Southern Pacific Transportation Co.

Arizona Court of Appeals

129 Ariz. 165, 629 P.2d 1001 (1981)

Facts

Salvador Maldonado (plaintiff), a Mexican citizen, tried to board a train while it was moving. Employees of Southern Pacific Transportation Company (Southern Pacific) (defendant) caused the train to jerk and bump while Maldonado tried to board. Maldonado fell under the wheels. He suffered serious injuries, including a severed left arm and a broken left leg. Southern Pacific employees looked on and ignored Maldonado’s cries for help. Maldonado sued. Count four of his complaint alleged that Southern Pacific committed the tort of failing to render assistance. The trial court dismissed the claim. Maldonado appealed.

Rule of Law

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Issue

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Holding and Reasoning (Howard, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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