No. 1 CA-CIV 1594 Precedential Affirmed Processed

O'Connor v. Howard P. Foley Co.

Arizona Court of Appeals · Filed May 2, 1972 · 496 P.2d 141

Authorities cited

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Opinion text

PER CURIAM. Appellant, an employee of appellee, allegedly suffered an industrial injury while so employed, and he filed a workmen’s ■compensation claim. Becoming dissatisfied with the workmen’s compensation proceedings, he filed this lawsuit in the superior court, alleging that appellee Breached a contractual duty to abide by workmen’s compensation laws and rules, seeking $100,000 in general damages. Appellee filed a motion to dismiss on the ground that the complaint failed to state a claim upon' which relief could be granted. The court granted the motion, hence this appeal. On the basis of Industrial Commission of Arizona v. Parise, 13 Ariz.App. 522 , 478 P.2d 137 (1970), we affirm. NOTE: This cause was decided by the Judges of Division Two as authorized by A.R.S. § 12-120, subsec. E.