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BEACH v. CITY OF PHOENIX

No. 16285-PR.

136 Ariz. 600 (1983)

667 P.2d 1316

Anarinda BEACH, a minor, and D.L. (Jan) Beach, mother, Plaintiffs-Appellants, v. The CITY OF PHOENIX, Defendant-Appellee.

Supreme Court of Arizona, En Banc.

July 22, 1983.

Attorney(s) appearing for the Case

Gorey & Delaney by Stephen Gorey, Phoenix, for plaintiffs-appellants.

Jones, Teilborg, Sanders, Haga & Parks by Edward G. Hochuli, Phoenix, for defendant-appellee.

FELDMAN, Justice.

Anarinda Beach (Beach) was injured when she was struck by a car as she stepped into the street to avoid a tree which was blocking the sidewalk. Beach brought a tort action against the City of Phoenix (City) alleging the City had been negligent in allowing the tree to remain on the sidewalk. The City moved for a summary judgment and argued that it owed no duty to Beach since the tree was an open and obvious danger and that the City could not be held...

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