MYERS v. CITY OF TEMPE

No. CV-05-0154-PR.

128 P.3d 751 (2006)

212 Ariz. 128

Richey MYERS, surviving husband of Jo Ann Myers, deceased, on his own behalf and on behalf of Laura Myers and Mark Myers, surviving children of Jo Ann Myers, deceased, Plaintiffs-Appellants, v. CITY OF TEMPE, an Arizona municipal corporation, Defendant-Appellee.

Supreme Court of Arizona, En Banc.

February 21, 2006.


Attorney(s) appearing for the Case

Winton D. Woods & Associates, PLLC, by Winton D. Woods, III, Scottsdale, Attorneys for Richey Myers.

Tempe City Attorney's Office, by Marlene A. Pontrelli Maerowitz, City Attorney Andrew B. Ching, Tempe, Attorneys for City of Tempe.

League of Arizona Cities and Towns, by David R. Merkel, General Counsel, Tempe, Attorney for Amicus Curiae.


OPINION

McGREGOR, Chief Justice.

¶ 1 This case requires us to determine whether the City of Tempe may be held liable for the alleged negligence of the Guadalupe Fire Department (GFD) when, in compliance with an automatic aid agreement, GFD responded to Jo Ann Myers' medical emergency. We conclude that Arizona Revised Statutes (A.R.S.) section 12-820.01 (2003) provides absolute immunity both to Tempe's decision to enter into the agreement and to the...

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