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NEWMAN v. MARICOPA COUNTY

No. 1 CA-CV 88-309.

167 Ariz. 501 (1991)

808 P.2d 1253

Raul NEWMAN and Donna Newman, his wife; Ronald Newman, By and Through his parents and next friends, Raul and Donna Newman, Plaintiffs-Appellants, v. MARICOPA COUNTY, a political subdivision of the State of Arizona, Defendant-Appellee.

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

Review Denied May 7, 1991.

Attorney(s) appearing for the Case

Larry G. Haddy, Phoenix, for plaintiffs-appellants.

Maricopa County Attorney's Office by Richard A. Stewart, Deputy Co. Atty., Phoenix, for defendant-appellee.

J. LaMar Shelley, Mesa, for amicus curiae League of Cities and Towns.

OPINION

FIDEL, Judge.

The trial court granted Maricopa County's motion to dismiss plaintiffs' personal injury suit for failure to state a claim. Plaintiffs appeal and we reverse. The trial court determined — in our view prematurely — that the County owed plaintiffs no duty. We conclude that plaintiffs' complaint — necessarily accepted as true for the purpose of the motion — sufficiently stated a claim to withstand a motion to dismiss...

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