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KOHL v. CITY OF PHOENIX

No. CV-06-0358-PR.

160 P.3d 170 (2007)

Klay KOHL, Sr. and Georgia Kohl, parents of Klay Cris Kohl, Jr., deceased, Plaintiffs/Appellants, v. CITY OF PHOENIX, a political subdivision of the State of Arizona, Defendant/Appellee.

Supreme Court of Arizona, En Banc.

June 8, 2007.

Attorney(s) appearing for the Case

T.J. McGillicuddy, P.C. by Terrence J. McGillicuddy, Phoenix, and Herzog and O'Connor, P.C. by Mark O'Connor, Scottsdale, Attorneys for Klay Kohl, Sr. and Georgia Kohl.

Jones, Skelton & Hochuli, P.L.C. by Eileen Dennis GilBride, Kathleen L. Wieneke, John M. DiCaro, Phoenix, Attorneys for City of Phoenix.

Haralson, Miller, Pitt, Feldman, & McAnally, P.L.C. by Kathleen Hale, Phoenix, and Law Office of Jojene Mills by JoJene E. Mills, Tucson, and Adelman German, P.L.C. by Daniel J. Adelman, Scottsdale, Attorneys for Amicus Curiae Arizona Trial Lawyers Association.

OPINION

HURWITZ, Justice.

¶ 1 The issue in this case is whether the City of Phoenix is immune under Arizona Revised Statutes ("A.R.S.") § 12-820.01 (1992) from liability for its decision not to install a traffic signal at an intersection where the petitioners' son was killed by an automobile.

I.

¶ 2 On December 20, 1996, thirteen-year-old Klay Kohl was struck and killed by a car while crossing the intersection at 19th Avenue...

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