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NORTON v. BLACK

No. 1 CA-CIV 954.

12 Ariz. App. 209 (1970)

469 P.2d 101

James S. NORTON and Doris A. Norton, his wife, Appellants, v. Phil BLACK aka P.N. Black, and Bernice Black, his wife, dba Stagestop Motel and the City of Mesa, a Municipality, Appellees.

Court of Appeals of Arizona, Division 1.

Rehearing Denied June 17, 1970.

Review Denied September 22, 1970.

Attorney(s) appearing for the Case

W. Roy Tribble, Chandler, for appellants.

Snell & Wilmer, by John E. Lundin, Phoenix, for appellee City of Mesa.

Rhodes, Killian & Legg, by John G. Hough, Mesa, for appellees Phil Black, etc.

KRUCKER, Judge.

James and Doris Norton brought a wrongful death action against the Stagestop Motel and the City of Mesa for the death of their minor son. The trial court granted defendants' motions for summary judgment and plaintiffs appeal.

The undisputed facts are as follows. John Norton, age eight, was playing in an oleander hedge on the Stagestop Motel property. This was a favorite play spot for children and had been for some time. Although they had been...

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