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McDONALD v. CITY OF PRESCOTT

No. 1 CA-CV 99-0128.

5 P.3d 900 (2000)

197 Ariz. 566

Russell McDONALD and Donna McDonald, husband and wife, Plaintiffs-Appellants, State of Arizona, Defendant-Appellant, v. CITY OF PRESCOTT, a political subdivision of the State of Arizona, Defendant-Appellee.

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

Review Denied September 26, 2000.

Attorney(s) appearing for the Case

Law Office of G. Lynn Shumway by G. Lynn Shumway, Scottsdale, Attorneys for Plaintiffs-Appellants McDonald. Janet Napolitano, Attorney General by Deborah J. Spinner, Assistant Attorney General, Phoenix, Attorneys for Defendant-Appellant State of Arizona.

City of Prescott Legal Department by Tina R. Ainley, Ralph M. Hess, Prescott, Attorneys for Defendant-Appellee City of Prescott.

OPINION

WEISBERG, Presiding Judge.

¶ 1 Plaintiffs Russell and Donna McDonald (the "McDonalds") and Defendant State of Arizona ("Arizona") appeal from the trial court's dismissal of plaintiffs' negligence claim against Defendant City of Prescott ("Prescott"). For the following reasons, we reverse the dismissal and remand for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 Russell McDonald was injured when he struck a...

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