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KOTT v. CITY OF PHOENIX

No. CV-87-0228-PR.

158 Ariz. 415 (1988)

763 P.2d 235

Kenneth John KOTT, Plaintiff/Appellant, v. CITY OF PHOENIX, a municipal corporation, Defendant/Appellee.

Supreme Court of Arizona.

September 13, 1988.

Attorney(s) appearing for the Case

Ely, Bettini & Ulman, by Herbert L. Ely and Eileen S. Willett, Phoenix, for plaintiff/appellant.

Roderick G. McDougall, Phoenix City Atty., by Donald P. Williams, Asst. City Atty., Phoenix, for defendant/appellee.

MOELLER, Justice.

JURISDICTION

This is a personal injury action against the City of Phoenix. Plaintiff Kott, a motorcyclist involved in a one-vehicle accident, contended that the cause of the accident was the City's negligence in marking and maintaining the roadway. The City, on the other hand, attributed the accident to plaintiff's negligence, including inattentiveness.

The accident was investigated by one of the City's police officers...

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