Marsh v. Hawkins , 7 Ariz. App. 226 ( 1968 )

HATHAWAY and MOLLOY, Judges

(specially concurring).

The undersigned judges, constituting a majority of the court, concur in the foregoing opinion of Judge McGuire with the exception of that portion thereof dealing with the possibility of amending the complaint to state a cause of action in negligence. No attempt has been made as yet to amend the complaint and we believe this court should refrain from expressing an opinion on what' the applicable law would be if such a claim were to be made. Phoenix Metals Corp. v. Roth, 79 Ariz. 106, 284 P.2d 645 (1955).