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PARNESS v. CITY OF TEMPE

No. 1 CA-CIV 4120.

123 Ariz. 460 (1979)

600 P.2d 764

James PARNESS, by and through his next friend Maria Parness, Plaintiff-Appellant, v. The CITY OF TEMPE, a municipal corporation, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department C.

October 9, 1979.

Attorney(s) appearing for the Case

Napier & Jones by Michael Napier, Robert F. Clarke, Phoenix, for plaintiff-appellant.

O'Steen Legal Clinic by Van O'Steen, Phoenix, co-counsel for plaintiff-appellant.

Snell & Wilmer by W. Charles Thomson, Donald D. Colburn, Phoenix, for defendant-appellee.

OPINION

FROEB, Judge.

Escalante Community Center is operated for neighborhood recreation by the City of Tempe (City). During the late afternoon of July 16, 1974, James Parness, age 7, went to the center to play and was knocked down from behind by one or two boys (referred to hereafter in the plural). The identity of the boys and the reasons for the incident are not known. Parness fell to the ground and severely cut...

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