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CARLSON v. TUCSON RACQUET AND SWIM CLUB

No. 2 CA-CIV 3601.

127 Ariz. 247 (1980)

619 P.2d 756

Eric CARLSON, a minor, by his natural father and next friend, John L. Carlson, Plaintiff/Appellant, v. TUCSON RACQUET AND SWIM CLUB, INC., an Arizona corporation; Joseph and Marian Tofel, husband and wife; Steven and Sally Tofel, husband and wife, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied October 8, 1980.

Review Denied October 28, 1980.

Attorney(s) appearing for the Case

W. Mercer Bouldin, Tucson, for plaintiff/appellant.

Jack M. Anderson and John S. Schaper, Phoenix, for defendant/appellee Tucson Racquet and Swim Club.

Slutes, Browning, Zlaket & Sakrison, P.C. by William D. Browning, Tucson, for defendants/appellees Tofel.

RICHMOND, Judge.

Does the attractive nuisance doctrine apply to a 16-year-old trespasser who suffered a catastrophic injury when he dived into a swimming pool on premises controlled by defendants? That is the dispositive question on this appeal from summary judgments in favor of the various defendants. We affirm.

On the day he was injured, plaintiff Eric Carlson was 16 years old. He and another teenager entered the premises of the Tucson Racquet and Swim Club...

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