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YOUNG v. CITY OF SCOTTSDALE

No. 1 CA-CV 97-0298.

970 P.2d 942 (1998)

193 Ariz. 110

Phillip YOUNG and Jane Doe Young, his wife, Plaintiffs-Appellants, v. CITY OF SCOTTSDALE, a municipality, Defendant-Appellee.

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

Review Denied January 12, 1999.

Attorney(s) appearing for the Case

Proper & Kirkorsky by Jeffrey M. Proper, Phoenix, for Plaintiffs-Appellants.

Copple, Chamberlin & Boehm, P.C. by Scott E. Boehm, Phoenix, for Defendant-Appellee.

OPINION

NOYES, Judge.

¶ 1 Phillip Young filed a tort claim with the City of Scottsdale, and the City denied the claim. Young then filed this lawsuit, and the City obtained summary judgment on grounds that Young did not comply with the claim statute, Arizona Revised Statutes Annotated ("A.R.S.") section 12-821.01 (Supp. 1997). Young appeals, and we reverse and remand. We hold that the claim statute neither overrules Hollingsworth v. City of Phoenix...

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