Barragan v. Superior Court of Arizona

On May 8, 1970, in this special action, we granted petitioner relief from a superior court order denying his motion to substitute him as the party plaintiff in a pending lawsuit. Barragan v. Superior Court of Arizona, 12 Ariz. App. 200, 469 P.2d 92 (filed May 8, 1970). A motion for rehearing was timely filed by the respondent real party in interest, Trinidad B. Acosta, and, after consideration of the matter, this court has concluded that modification of our decision is necessary only as to the pending personal injury claim. However, we adhere to our decision that the trial court erred in denying the petitioners motion to substitute him as the party plaintiff as to the pending wrongful death claim when it was made to appear of record that petitioners son had died.