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CITY OF TUCSON v. FAHRINGER

No. CV-88-0469-PR.

164 Ariz. 599 (1990)

795 P.2d 819

CITY OF TUCSON, a municipal corporation, and the State of Arizona, Petitioner, v. Honorable Philip FAHRINGER, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Christopher James WESTLEY, a single individual, and Lyle Goodwin, a single individual, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

July 12, 1990.

Attorney(s) appearing for the Case

Slutes, Sakrison, Even, Grant & Pelander, P.C. by John Pelander, Tucson, for City of Tucson.

Murphy, Goering, Roberts & Holt, P.C. by David L. Berkman, Tucson, for State of Ariz.

Haralson, Kinerk & Morey, P.C. by Dale Haralson, Gregory G. Wasley, Tucson, for real parties in interest.

Gallagher & Kennedy, P.A. by W. Charles Thomson III, Judith A. Morse, Phoenix, for amicus curiae Phoenix Ass'n of Defense Counsel.

Robert K. Corbin, Atty. Gen. by Judith Elaine Abramsohn, Phoenix, for amicus curiae State of Ariz.

The Langerman Law Offices by Amy G. Langerman, Phoenix, for amicus curiae Ariz. Trial Lawyers Ass'n.

Shelley & Behea by J. LaMar Shelley, Mesa, for amicus curiae League of Ariz. Cities and Towns.

OPINION

FELDMAN, Vice Chief Justice.

Christopher James Westley and Lyle Goodwin (plaintiffs) petition us to review a court of appeals opinion that vacated a trial court order granting plaintiffs' motion to strike the affirmative defense of A.R.S. § 12-820.03(2). See City of Tucson v. Fahringer, 162 Ariz. 159, 781 P.2d 637 (Ct.App. 1988). The trial court ruled that A.R.S. §...

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