(Download) "Newman V. Maricopa County" by Arizona Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Newman V. Maricopa County
- Author : Arizona Court of Appeals
- Release Date : January 22, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The trial court granted Maricopa County's motion to dismiss plaintiffs' personal injury suit for failure to state a claim. Plaintiffs appeal and we reverse. The trial court determined -- in our view prematurely -- that the County owed plaintiffs no duty. We conclude that plaintiffs' complaint -- necessarily accepted as true for the purpose of the motion -- sufficiently stated a claim to withstand a motion to dismiss. We additionally conclude that resolution of the question of the County's duty required a more fully developed record concerning the County's power and policies and should have been deferred for testing by motion for summary judgment following discovery on those points.
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