GIACONA v. TAPLEY

No. 1 CA-CIV 383.

5 Ariz. App. 494 (1967)

428 P.2d 439

Nicholas GIACONA and Jane Doe Giacona, husband and wife, Appellants and Cross-Appellees, v. Joseph TAPLEY, as surviving Father of James Edward Tapley, a minor, Deceased, Appellee and Cross-Appellant.

Court of Appeals of Arizona.

Rehearing Denied June 30, 1967.

Review Denied September 26, 1967.


Attorney(s) appearing for the Case

Gust, Rosenfeld & Divelbess, by Richard A. Segal, Boyd H. Gibbons, III, and Edward L. Morgan, Phoenix, for appellants and cross-appellees.

Mariscal, Goss, Green & Corbet, Phoenix, by Harry T. Goss, for appellee and cross-appellant.


STEVENS, Judge.

This appeal involves the application of the "attractive nuisance" doctrine in relation to the drowning of a child in a private, residential swimming pool.

In the early morning of 24 June 1963, Joseph Tapley arrived in Phoenix from Tulare, California, to attend the funeral of a brother. He was accompanied by his family, including his five year old son, James Edward Tapley. Three brothers and their families had congregated at the home of Robert...

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