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NELSON v. GRAYHAWK PROPERTIES L.L.C.

No. 1 CA-CV 03-0722.

104 P.3d 168 (2004)

209 Ariz. 437

Robert NELSON and Lori Nelson, husband and wife, Plaintiffs-Appellants, v. GRAYHAWK PROPERTIES L.L.C., an Arizona corporation; Grayhawk Development, Inc., an Arizona corporation; Grayhawk Residential, Inc., an Arizona corporation; Grayhawk Community Association, an Arizona corporation, Defendants-Appellees.

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

Reconsideration Denied February 23, 2005.

Attorney(s) appearing for the Case

Begam Lewis Marks & Wolfe, P.A., by Elliot G. Wolfe and Richard P. Traulsen, Phoenix, for Plaintiffs-Appellants.

Turley, Swan & Childers, P.C. by Joseph B. Swan, Jr. and Scott Humble, Phoenix, for Defendants-Appellees.

Jones, Skelton & Hochuli, P.L.C. by Eileen Dennis GilBride, Phoenix, for Amicus Curiae City of Phoenix.

Richard M. Romley, Maricopa County Attorney by Rebecca C. Salisbury, Deputy County Attorney and Richard A. Stewart, Deputy County Attorney, Phoenix, for Amicus Curiae Maricopa County.

OPINION

THOMPSON, J.

¶ 1 Plaintiffs-appellants Robert and Lori Nelson appeal from the trial court's grant of summary judgment to defendants-appellees Grayhawk Properties, L.L.C.; Grayhawk Development, Inc.; and Grayhawk Residential, Inc. (Grayhawk), finding that the City of Scottsdale (Scottsdale) had a non-delegable duty to safely maintain its roadways. For the following reasons, we reverse and remand.

FACTUAL AND PROCEDURAL HISTORY

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