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BOTHELL v. TWO POINT ACRES, INC.

No. 2 CA-CV 97-0089.

965 P.2d 47 (1998)

192 Ariz. 313

Ken BOTHELL and Bonita Bothell, individually and as parents and natural guardians of Akilah "Keely" Bothell, a minor, Plaintiffs/Appellants, v. TWO POINT ACRES, INC.; Rio Rico Stables; Mary Barret and John Doe Barret, wife and husband, Defendants/Appellees.

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

Review Denied October 20, 1998.

Attorney(s) appearing for the Case

The Kimble Firm by Stephen Kimble and David F. Toone, Tucson, for Plaintiffs/Appellants.

Goering, Roberts, Berkman, Rubin & Brogna, P.C. by Chris L. Enos and David L. Berkman, Tucson, for Defendants/Appellees.

PELANDER, Presiding Judge.

¶ 1 In this personal injury action, plaintiffs/appellants appeal from the trial court's entry of summary judgment for defendants/appellees and from its order denying plaintiffs' cross-motion for partial summary judgment. We vacate the summary judgment for defendants and direct the trial court to enter partial summary judgment for plaintiffs on defendants' statutory immunity claim.

FACTS AND PROCEDURAL BACKGROUND

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