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CITY OF TUCSON v. GALLAGHER

2 CA-CIV 899.

14 Ariz. App. 385 (1971)

483 P.2d 798

The CITY OF TUCSON, a body politic, Appellant, v. William D. GALLAGHER and Eleanor Gallagher, husband and wife, and as parents and next friend of Janice Gallagher, Appellees.

Court of Appeals of Arizona, Division 2.

As Modified on Denial of Rehearing May 28, 1971.

Review Granted June 22, 1971.

Attorney(s) appearing for the Case

Chandler, Tullar, Udall & Richmond, by Jack Redhair, Tucson, for appellant.

Lesher & Scruggs, by James M. Sakrison, Tucson, for appellees.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, by John H. Westover, Phoenix, amicus curiae.

HATHAWAY, Judge.

Janice Gallagher, a minor, was injured in an automobile accident while riding as a passenger in an automobile driven by John McMahon. The accident occurred during the early morning of February 24, 1968.

She filed suit, by her parents, against McMahon and the appellant, City of Tucson, alleging that McMahon and the appellant negligently caused her injuries. The matter was tried to a jury and judgment in the amount of $33,000 was entered on...

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