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MARTINEZ v. WOODMAR IV CONDOMINIUMS

No. CV-96-0494-PR.

941 P.2d 218 (1997)

189 Ariz. 206

Carlos MARTINEZ, Plaintiff/Appellant, v. WOODMAR IV CONDOMINIUMS HOMEOWNERS ASSOCIATION, INC., an Arizona non-profit corporation, Defendant/Appellee.

Supreme Court of Arizona, En Banc.

June 24, 1997.

Attorney(s) appearing for the Case

Fred J. Pain, Jr., Scottsdale, and John Greg Pain, Scottsdale, for Carlos Martinez.

Goldstein & McGroder, Ltd. by Philip T. Goldstein, Patrick J. McGroder, III, Phoenix, for Woodmar IV Condominiums Homeowners Association, Inc.

Durazzo & Eckel, P.C. by Patric E. Durazzo, Nancy J. Davis, Tucson, The Langerman Law Offices by Amy G. Langerman, Phoenix, for Amicus Curiae Arizona Trial Lawyers Association.

OPINION

FELDMAN, Justice.

Carlos Martinez (Plaintiff) was shot while running away from a group of youths who had gathered in the parking lot of the Woodmar condominium complex. Plaintiff claims the Woodmar IV Condominium Homeowners Association (Defendant) is liable for failing to prevent the attack. The claim was dismissed by summary judgment and the court of appeals affirmed, holding Defendant had no duty to protect Plaintiff. Martinez v. Woodmar IV...

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