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SANCHEZ v. CITY OF TUCSON

No. CV-97-0134-PR.

953 P.2d 168 (1998)

191 Ariz. 128

Jose SANCHEZ, a minor child, By and Through his guardian ad litem, Craig GORDON; Teresa E. Barocio; Daniel Sanchez, Plaintiffs/Appellants. v. The CITY OF TUCSON, a political entity, Defendant/Appellee.

Supreme Court of Arizona, En Banc.

February 5, 1998.

Attorney(s) appearing for the Case

Miller, Pitt & McAnally, P.C. by Thomas G. Cotter, Lindsay Brew, Tucson, for Jose Sanchez.

Lopez, Bevans & Perez-Medrano by Juan Perez-Medrano, Tucson, for Teresa E. Barocio and Daniel Sanchez.

Gabroy, Rollman & Bosse, P.C. by Richard A. Brown, Richard M. Rollman, Tucson, for City of Tucson.

OPINION

MOELLER, Justice.

STATEMENT OF THE CASE

¶ 1 In this negligence case, the trial court granted summary judgment to the defendant City of Tucson ("City"). The court of appeals affirmed, based on the theory that the City did not exercise control over the location where the accident occurred, and therefore owed no duty to the infant plaintiff, Jose Sanchez ("plaintiff"). Because we conclude that issues of fact exist which preclude summary...

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