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BOOTH v. STATE

No. 2 CA-CV 2003-0097.

83 P.3d 61 (2004)

207 Ariz. 61

Jerry BOOTH, a married man, and Celina Booth and Melina Booth, minor children, by and through their parent Jerry Booth, Plaintiffs/Appellees, v. STATE of Arizona, a political entity, Defendants/Appellants.

Court of Appeals of Arizona. Division Two, Department B.

As Amended on Reconsideration in Part March 31, 2004.

Attorney(s) appearing for the Case

The Rabb Penny Law Firm by Lloyd L. Rabb, III, Tucson, James G. Heckbert, Steamboat Springs, CO, for Plaintiffs/Appellees.

Terry Goddard, Arizona Attorney General by Daniel P. Schaack, Phoenix, for Defendants/Appellants.

Jones, Skelton & Hochuli, P.L.C. by Randall H. Warner, Phoenix, Attorneys for Amicus Curiae, County Supervisors Association.

OPINION

ECKERSTROM, J.

¶ 1 In this appeal, we are asked to decide whether the trial court erred in allowing a jury to determine that the state negligently had failed to prevent elk from entering portions of Interstate 40 (I-40) just east of Flagstaff. Based on the particular facts presented in this case, we conclude that the issue was properly presented to the jury and affirm the judgment entered below.

¶ 2 In December 1998, Jerry...

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