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MacKINNEY v. CITY OF TUCSON

No. 2 CA-CV 2012-0125.

299 P.3d 1282 (2013)

Thomas MacKINNEY, a married man, individually, Plaintiff/Appellee, v. CITY OF TUCSON, a body politic, Defendant/Appellant.

Court of Appeals of Arizona, Division 2, Department B.

March 13, 2013.

Attorney(s) appearing for the Case

The Redhair Law Group, P.C. By Jack I. Redhair and Michael Redhair , Tucson, Attorneys for Plaintiff/Appellee.

Michael G. Rankin , Tucson City Attorney By Viola Romero-Wright and Michael W.L. McCrory , Tucson, Attorneys for Defendant/Appellant.

OPINION

ESPINOSA, Judge.

¶ 1 In this personal injury action, defendant/appellant City of Tucson appeals from a judgment in favor of plaintiff/appellee Thomas MacKinney. The city argues the trial court erred in denying its motion for summary judgment, asserting that Arizona's recreational-use immunity statute, A.R.S. § 33-1551, barred MacKinney's negligence claim as a matter of law. For the following reasons, we vacate and remand.

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