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HERMAN v. CITY OF TUCSON

No. 2 CA-CV 99-0064.

4 P.3d 973 (1999)

197 Ariz. 430

Michelle HERMAN and Michael Herman, wife and husband, Plaintiffs/Appellants, v. The CITY OF TUCSON, a body politic, Defendant/Appellee.

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

Review Denied May 23, 2000.

Attorney(s) appearing for the Case

Law Office of William D. Nelson, P.C. by William D. Nelson, Tucson, for Plaintiffs/Appellants.

Thomas J. Berning, Tucson City Attorney by Michael E. Owen, Tucson, for Defendant/Appellee.

OPINION

PELANDER, Presiding Judge.

¶ 1 The appeal in this personal injury/premises liability action presents questions of the interpretation and constitutionality of Arizona's recreational use immunity statute, A.R.S. § 33-1551. We hold that, because plaintiff/appellant Michelle Herman did not come within the statutory definition of "recreational user" at the time of her accident in a Tucson municipal...

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