[Download] "Hosogai V. Kadota" by Arizona Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Hosogai V. Kadota
- Author : Arizona Supreme Court
- Release Date : January 20, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
On March 25, 1976, Michiko Hosogai, petitioner/appellant, sued Hiroshi Kadota, respondent/appellee, for the wrongful death of her husband. In this first action (Hosogai I), the jury awarded petitioner $225,000 in damages. This verdict was overturned on appeal because the trial court lacked personal jurisdiction over appellee due to defective service of process. Kadota v. Hosogai, 125 Ariz. 131, 608 P.2d 68 (App.1980). On March 19, 1980, petitioner filed another wrongful death action (Hosogai II) against respondent based on the same facts as the earlier suit. This lawsuit was dismissed by the trial court as barred by the two-year statute of limitations governing wrongful death actions. See A.R.S. § 12-542(2). The Court of Appeals affirmed in a memorandum decision. Hosogai v. Kadota, 145 Ariz. 254, 700 P.2d 1354 (App.1984). We have jurisdiction. Ariz. Const. art. 6, § 5(3); 17A A.R.S. Civil Appellate Proc. Rules, Rule 23; A.R.S. § 12-120.24. We vacate the memorandum decision of the Court of Appeals. We accepted this petition for review to address one question:
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