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PFAFF BY AND THROUGH STALCUP v. ILSTRUP

No. 2 CA-CV 87-0029.

155 Ariz. 373 (1987)

746 P.2d 1303

Lisa PFAFF, a minor, By and Through Janet V. STALCUP, her natural mother and next friend and guardian; and Janet V. Stalcup, individually, Plaintiffs/Appellants, v. Dr. Hugh ILSTRUP and Linda Ilstrup, husband and wife, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department B.

Reconsiderations Denied June 1, 1987.

Review Denied November 24, 1987.

Attorney(s) appearing for the Case

Harris & Palumbo by Kevin W. Keenan, Anthony J. Palumbo and Janis Posner-Raynak, Phoenix, for plaintiffs/appellants.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Scott E. Boehm and Scott A. Salmon, Phoenix, for defendants/appellees.

OPINION

LIVERMORE, Presiding Judge.

In this appeal from a summary judgment, the issue is whether a non-custodial father residing 120 miles from his 17-year-old son can be held liable for negligent supervision or under A.R.S. § 12-661 for the damage caused by that son's sexual assault. We agree with the trial court that he cannot and affirm.

A.R.S. § 12-661 provides:

A. Any act of malicious or wilful misconduct of a minor which results...

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