DICKEY v. CITY OF FLAGSTAFF

No. 1 CA-CV 98-0026.

4 P.3d 965 (1999)

197 Ariz. 422

William H. DICKEY, on his own behalf and as Guardian Ad Litem of the minor child William Dickey; Rebecca Carlson Dickey, wife of William H. Dickey; and Jane Doe, natural mother of minor William Dickey, Plaintiffs-Appellants, v. CITY OF FLAGSTAFF, a municipal corporation, Defendant-Appellee.

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

May 27, 1999.


Attorney(s) appearing for the Case

Dale H. Itschner and Jerry L. Smith, Flagstaff, for Plaintiffs-Appellants.

Mangum, Wall, Stoops & Warden, P.L.L.C. by Daniel J. Stoops and Michael H. Hinson, Flagstaff, for Defendant-Appellee.


OPINION

THOMPSON, Presiding Judge.

¶ 1 Appellant William Dickey (William) was seriously injured in a sledding accident at a city park in Flagstaff. In his action against appellee City of Flagstaff (the City), the trial court granted summary judgment in favor of the City, ruling that the recreational use statute applied to give the City immunity from liability because it was not guilty of wilful, malicious, or grossly negligent conduct. The court also...

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