MULHERN v. CITY OF SCOTTSDALE

No. 2 CA-CV 90-0036.

165 Ariz. 395 (1990)

799 P.2d 15

Kimberly MULHERN, on her own behalf and as Personal Representative of the Estate of Daniel Mulhern, Jr., deceased, and on behalf of the surviving children, Daniel Anthony Mulhern III; Brandon Mulhern; Dan Mulhern and Margaret Mulhern, husband and wife, Plaintiffs/Appellants, v. CITY OF SCOTTSDALE, a municipal corporation; Michael Gannon, Chief of Police, Scottsdale Police Department; Hal Nevitt and Jane Doe Nevitt, husband and wife, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department A.

Review Denied October 23, 1990.


Attorney(s) appearing for the Case

Barry H. Hart, Ltd. by Barry H. Hart, Phoenix, for plaintiffs/appellants.

Jennings, Strouss & Salmon by Michael A. Beale, Jefferson L. Lankford and Michael J. O'Connor, Phoenix, for defendants/appellees.


OPINION

HOWARD, Judge.

On February 14, 1986, Daniel Mulhern, Jr. was shot and killed by Hal Nevitt, a Scottsdale police officer on patrol duty. Plaintiffs filed a complaint for wrongful death, with additional counts by the parents of the deceased against Nevitt, Scottsdale Police Chief Michael Gannon and the City of Scottsdale for negligent and intentional infliction of emotional distress based on the negligent assignment of patrol duties. The wrongful death...

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