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JOHNSON v. ALMIDA LAND & CATTLE CO., LLC

No. 1 CA-CV 15-0416.

383 P.3d 673 (2016)

Barrett JOHNSON, a single man, Plaintiff/Appellant, v. ALMIDA LAND & CATTLE COMPANY, LLC, an Arizona limited liability company, Defendant/Appellee.

Court of Appeals of Arizona, Division 1.

Filed November 3, 2016.

Attorney(s) appearing for the Case

Murphy, Schmitt, Hathaway & Wilson, P.L.L.C., Prescott, By Robert E. Schmitt , Andrew J. Becke , Counsel for Plaintiff/Appellant

Lewis Brisbois Bisgaard & Smith LLP, Phoenix, By Matthew D. Kleifield , Robert C. Ashley , Counsel for Defendant/Appellee

Presiding Judge Peter B. Swann delivered the opinion of the court, in which Judge Jon W. Thompson and Judge Donn Kessler joined.

OPINION

¶ 1 This case presents the question whether a permittee operating on federal land owes a duty of care to the public when it erects improvements on the land. We hold that such a duty exists as a matter of law, and that the concept of foreseeability in the relevant section...

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