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BROWN v. ARIZONA PUBLIC SERVICE CO.

No. 1 CA-CV 88-541.

164 Ariz. 4 (1990)

790 P.2d 290

Charlie BROWN, a minor, By and Through his Guardian Ad Litem, Nancy BROWN; Nancy Brown and Ernie Brown, wife and husband, Plaintiffs-Appellants, v. ARIZONA PUBLIC SERVICE COMPANY, an Arizona corporation, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department C.

As Corrected May 3, 1990.

Attorney(s) appearing for the Case

Rake, Copple, Downey & Black, P.C. by Richard A. Black, Patrick Rake, David L. O'Daniel, Phoenix, for plaintiffs-appellants.

Snell & Wilmer by Robert W. Haskin, Jr., Lawrence F. Winthrop, Eileen J. Moore, Phoenix, for defendant-appellee.

GERBER, Judge.

Charlie Brown and his parents appeal from a judgment for Arizona Public Service Company (APS) on the Browns' "attractive nuisance" claim. They allege that Charlie suffered an electric shock and severe injury from an APS high-tension electric pole that was easy to climb. We conclude that in granting APS's motion for summary judgment, the trial court relied on an obsolete formulation of the doctrine of attractive nuisance. The dispositive question on...

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