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GARCIA v. CITY OF TUCSON

No. 2 CA-CIV 13.

1 Ariz. App. 83 (1965)

399 P.2d 704

Daniel GARCIA, by Mary Garcia, his Guardian ad Litem, Appellant, v. CITY OF TUCSON, Appellee.

Court of Appeals of Arizona.

March 5, 1965.

Attorney(s) appearing for the Case

W. Edward Morgan, Tucson, for appellant.

Chandler, Tullar, Udall & Richmond, Tucson, for appellee.

HATHAWAY, Judge.

The appellant, Mary Garcia, acting as guardian ad Litem for her minor son, Daniel Garcia, filed a complaint against the City of Tucson to recover for injuries sustained by her son as a result of the alleged negligence of city employees. While playing in Oury Park, a city park, Daniel Garcia was injured when a heavy iron gate in the park fell on him.

At the close of the plaintiff's case, the City of Tucson, invoking the doctrine of governmental...

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