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DUNCAN v. STATE

No. 2 CA-CV 87-0331.

157 Ariz. 56 (1988)

754 P.2d 1160

Denise DUNCAN, as surviving spouse of Russell Duncan, deceased, on her own behalf and for and on behalf of Deana Marie Duncan, Jennifer Anne Duncan and Stephanie Rae Duncan, surviving children of Russell Duncan, and for and on behalf of Billie R. Duncan and Sharon A. Duncan, surviving parents of Russell Duncan, Plaintiffs/Appellees/Cross-Appellants, v. The STATE of Arizona; the City of Eloy; Pinal County Community College District; Paul Young, Jr.; James Daley, Defendants/Appellants/Cross-Appellees.

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

As Corrected March 16, 1988.

Review Denied June 7, 1988.

Attorney(s) appearing for the Case

Langerman, Begam, Lewis & Marks by Samuel Langerman and Elliott G. Wolfe, Phoenix, for plaintiffs/appellees/cross-appellants.

Kimble, Gothreau, Nelson & Cannon, P.C. by Stephen Kimble and Michael Gothreau, Tucson, for defendant/appellant-cross-appellee City of Eloy.

Jones, Skelton & Hochuli by William R. Jones, Jr., Donald L. Myles, and Linda A. Drake, Phoenix for defendant/appellant/cross-appellee State.

OPINION

ROLL, Judge.

Defendants/appellants/cross-appellees State of Arizona and City of Eloy appeal from a judgment in the amount of $3,385,726.88 entered in favor of the surviving spouse, children, and parents of Russell Duncan. For the reasons set forth below, we affirm the judgment against the City of Eloy but reverse the judgment as to State of Arizona.

FACTS

Russell Duncan was accidentally shot and killed by a fellow law enforcement...

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