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ISBELL EX REL. ISBELL v. MARICOPA COUNTY

No. CV-99-0329-PR.

9 P.3d 311 (1999)

198 Ariz. 280

Mary E. ISBELL, for and on Behalf as surviving spouse of Richard Levonne ISBELL, and for and on behalf of Dennis Isbell, David Isbell, John Isbell, Marsha Isbell, the surviving children of Richard Levonne Isbell, Plaintiffs-Appellees, v. MARICOPA COUNTY, Defendant-Appellant.

Supreme Court of Arizona, En Banc.

August 31, 2000.

Attorney(s) appearing for the Case

Begam, Lewis, Marks & Wolfe, P.A. by Elliot G. Wolfe and Dena Rosen Epstein, Phoenix, for Isbell.

Richard M. Romley, Maricopa County Attorney by Richard A. Stewart, Deputy County Attorney, Phoenix, for the County.

OPINION

McGREGOR, Justice.

¶ The court of appeals reversed a judgment entered in favor of the plaintiffs and against the County after concluding that the plaintiffs' theory against the County rested upon duties the County did not owe to the plaintiffs. We granted review to consider again the relationship between duty and breach of duty.

I.

¶ On April 10, 1990, Richard Isbell was killed when the truck he was driving collided with...

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