TUCSON UNIFIED SCHOOL DIST. v. BOREK

No. 2 CA-SA 2013-0099.

322 P.3d 181 (2014)

TUCSON UNIFIED SCHOOL DISTRICT, a Political Subdivision of the State of Arizona, Petitioner, v. Hon. Ted B. BOREK, Judge of the Superior Court of the State of Arizona, in and for the COUNTY OF PIMA, Respondent, Richard and Gwenyth Gallagher, and Jane Doe Gallagher, a Minor and Protected Person, by and Through Richard and Gwenyth Gallagher, as Parents and Legal Guardians of Jane Doe Gallagher; Michael H. Corum and Mary Doe Corum, Husband and Wife, Real Parties in Interest.

Court of Appeals of Arizona, Division 2.

March 11, 2014.


Attorney(s) appearing for the Case

Miniat & Wilson, L.P.C., By Jerald R. Wilson , Tucson, Counsel for Petitioner.

Law Office of David E. Hill, P.L.C., By David E. Hill , Tucson, Counsel for Real Parties in Interest Richard, Gwenyth, and Jane Doe Gallagher.


OPINION

KELLY, Presiding Judge.

¶ 1 In this special action, petitioner Tucson Unified School District (TUSD) challenges the respondent judge's denial of its motion for summary judgment. In that motion, TUSD argued that A.R.S. § 12-820.05(B) rendered it immune from liability for the claims by the real parties in interest Richard and Gwenyth Gallagher and their daughter Jane Doe Gallagher (the Gallaghers), and that the Gallaghers' A.R.S. § 12...

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