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SMITH v. ARIZONA BD. OF REGENTS

No. 1 CA-CV 98-0627.

986 P.2d 247 (1999)

195 Ariz. 214

Todd R. SMITH, a single man, Plaintiff-Appellant, v. ARIZONA BOARD OF REGENTS, Arizona State University and Associated Students of Arizona State University; subdivisions of the State of Arizona, Defendants-Appellees.

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

Reconsideration Denied August 17, 1999.

Attorney(s) appearing for the Case

M. Wayne Lewis, Chandler, Attorney for Appellant.

Jennings, Haug & Cunningham, L.L.P. by Larry J. Crown, Jack R. Cunningham, Phoenix, Attorneys for Appellees.

OPINION

GERBER, Judge.

¶ 1 We consider whether Arizona's recreational use statute, Arizona Revised Statute Annotated ("A.R.S.") section 33-1551, shields appellees from liability for injuries suffered by appellant while using a carnival-type apparatus temporarily placed on appellees' property. We conclude that this statute does not provide tort immunity in such circumstances, and we therefore reverse the summary judgment entered in favor of appellees...

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