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WARRINGTON v. TEMPE ELEMENTARY SCHOOL DIST. NO. 3

No. 1 CA-CV 95-0374.

187 Ariz. 249 (1996)

928 P.2d 673

Andrew C. WARRINGTON, a minor, by his next friend and natural father, Steven M. WARRINGTON; Steven M. Warrington and Jennie J. Warrington, husband and wife, Plaintiffs-Appellants, v. TEMPE ELEMENTARY SCHOOL DISTRICT NO. 3, Defendant-Appellee.

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

Review Denied December 17, 1996.

Attorney(s) appearing for the Case

Cunningham Law Firm by James P. Cunningham, Phoenix, for Plaintiffs-Appellants.

Teilborg, Sanders & Parks, P.C. by Bradley R. Jardine, Melinda K. Cekander, Phoenix, for Defendant-Appellee.

OPINION

NOYES, Judge.

The trial court granted summary judgment to Appellee Tempe Elementary School District No. 3 ("the District"), holding that it had absolute immunity from Appellants' claim that the District negligently placed a school bus stop in a location dangerous for young children. We conclude that the District does not have absolute immunity from Appellants' claim.

I

On February 10, 1993, a District school...

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