No. 1 CA-CIV 4479.

125 Ariz. 590 (1980)

611 P.2d 943

Patricia L. LOWMAN, Appellant, v. CITY OF MESA, a Municipal Corporation, Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied May 16, 1980.

Review Denied June 3, 1980.

Attorney(s) appearing for the Case

John D. Lewis, P.C., by John D. Lewis, Tempe, for appellant.

Udall, Shumway, Blackhurst, Allen, Bentley & Lyons by Merle M. Allen, Jr., and Steven H. Everts, Mesa, for appellee.


O'CONNOR, Judge.

This is an appeal from a summary judgment in favor of appellee. The sole issue is whether a municipality can be held liable for personal injuries as a result of its failure to remove a stalled vehicle from its streets or of its failure to warn the motoring public of its existence. We hold that it can under the circumstances described herein and that the trial court erred in granting summary judgment.

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