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SALT RIVER VALLEY WATER USERS v. SUPER. CT.

No. 1 CA-SA 93-0172.

178 Ariz. 70 (1993)

870 P.2d 1166

SALT RIVER VALLEY WATER USERS' ASSOCIATION, Petitioner, v. SUPERIOR COURT of the State of Arizona, in and for the COUNTY OF MARICOPA; Daniel A. Barker, a judge thereof, Respondent Judge, Melissa SHOEMAKER and Paul Shoemaker, a married couple, individually and on behalf of their minor son, Michael Shoemaker, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department D.

Review Denied April 19, 1994.

Attorney(s) appearing for the Case

Tolman & Osborne, P.C. by Reed Tolman, Tempe, and Renee B. Gerstman by Renee B. Gerstman, Phoenix, for real parties in interest.

Jennings, Strouss & Salmon, P.L.C. by Michael A. Beale, James M. Ackerman and J. Matthew Powell, Phoenix, for petitioner.

OPINION

TOCI, Judge.

This is a petition for special action brought by defendant Salt River Valley Water Users' Association ("SRP") to review the trial court's denial of a motion for summary judgment in a case in which a six-year-old child drowned in an SRP culvert. SRP claimed immunity from suit under the doctrine announced in Salladay v. Old Dominion Copper Mining Co., 12 Ariz. 124, 100 P. 441 (1909). The trial court denied SRP's first motion for summary...

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