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ESTATE OF ATEN v. CITY OF TUCSON

No. 2 CA-CV 90-0233.

169 Ariz. 147 (1991)

817 P.2d 951

The ESTATE OF Debra ATEN, By and Through its personal representative, Jerry KITCHENS, for and on Behalf of Brandon Dale ATEN, Taine Feist and Jerry Kitchens, Plaintiff/Appellant, v. The CITY OF TUCSON, a municipal corporation, Defendant/Appellee.

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

Review Denied October 22, 1991.

Attorney(s) appearing for the Case

Mesch, Clark & Rothschild, P.C. by Tom R. Clark and Scott H. Gan, Tucson, for plaintiff/appellant.

Kimble, Gothreau & Nelson, P.C. by Daryl A. Audilett, Tucson, for defendant/appellee.

OPINION

FERNANDEZ, Chief Judge.

In this appeal from the granting of summary judgment against it, appellant Estate of Debra Aten argues that it raised a question of material fact on the issue of whether appellee City of Tucson's police pursuit of a fleeing vehicle was conducted in a negligent manner. The pursued vehicle crashed into Aten's vehicle and killed her. We agree that appellant raised a fact issue that...

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