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TOBEL v. STATE, DEPT. OF PUBLIC SAFETY

No. 1 CA-CV 96-0325.

939 P.2d 801 (1997)

189 Ariz. 168

Antone Lee TOBEL and Judy Tobel, Plaintiff-Appellants, v. STATE of Arizona, ARIZONA DEPARTMENT OF PUBLIC SAFETY, City of Tempe, a municipality, Defendants-Appellees.

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

June 10, 1997.

Attorney(s) appearing for the Case

Charles M. Brewer, Ltd. by Mark O'Connor and Luis P. Guerra, Phoenix, for Plaintiffs-Appellants.

Grant Woods, Attorney General by John E. Wolfinger, Assistant Attorney General, Phoenix, for Defendant-Appellee State of Arizona.

David R. Merkel, City Attorney by Ronald L. Dunham and Marlene A. Maerowitz, Assistant City Attorneys, Tempe, for Defendant-Appellee City of Tempe.

OPINION

THOMPSON, Presiding Judge.

Plaintiffs, Antone and Judy Tobel,1 appeal the grant of summary judgment in favor of defendants, City of Tempe (City), State of Arizona (State), and Arizona Department of Public Safety (DPS) (collectively defendants). We conclude that questions of fact exist as to whether defendants breached the duty of care and as to whether Tobel acted with due regard...

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