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MARTINEZ v. STATE

No. 2 CA-CV 93-0003.

177 Ariz. 270 (1993)

866 P.2d 1356

Rosa MARTINEZ, individually and as Guardian and Conservator of the Estate of Arthur Martinez, an incapacitated person, Plaintiff/Appellant, v. STATE of Arizona, a body politic; Greenlee County, a body politic, and Patrick D. McWhinney, Defendants/Appellees.

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

Reconsideration Denied June 15, 1993.

Review Denied January 19, 1994.

Attorney(s) appearing for the Case

Roush, McCracken & Guerrero by Frank X. Gordon, Jr. and Charles D. Roush, Phoenix, for plaintiff/appellant.

Mitten, Goodwin & Raup by Donald F. Froeb, Brian Michael Goodwin and Martin P. Clare, Phoenix, for defendant/appellee Greenlee County.

Grant Woods, Atty. Gen. by Terrence E. Harrison, Phoenix, for defendant/appellee State of Ariz.

OPINION

LIVERMORE, Chief Judge.

For many years defendant Greenlee County maintained a county road providing access to an area twenty-two miles north of Clifton containing a county park, the Clifton water pumping station, and several ranches and residences. A portion of the county road was washed out in 1983. In order to get around the washout it was necessary to cross private property on a dirt...

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