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CLARK v. NEW MAGMA IRRIGATION & DRAINAGE DISTRICT

No. 2CA-CV 2003-0026.

92 P.3d 876 (2004)

208 Ariz. 246

Scott CLARK, surviving parent and personal representative of Justin Christopher Clark, deceased, on behalf of himself and Sandy Clark, surviving parent of the deceased, and Chealsea Clark, Sally Ann Clark, Emily Clark, and Ethan Clark, their children, Plaintiffs/Appellants, v. NEW MAGMA IRRIGATION & DRAINAGE DISTRICT, a municipal corporation and political subdivision of the State of Arizona, Defendant/Appellee.

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

June 24, 2004.

Attorney(s) appearing for the Case

LaVelle & LaVelle, PLC, By Michael J. LaVelle and Matthew K. LaVelle, Phoenix, for Plaintiffs/Appellants.

Jennings, Haug & Cunningham, LLP, By Jorge Franco, Jr. and William F. Begley, Phoenix, for Defendant/Appellee.

OPINION

FLOREZ, J.

¶ 1 Appellant Scott Clark sued Paul and Rosanne Smithling and New Magma Irrigation & Drainage District for the wrongful death of his fourteen-year-old son, Justin, who was killed when he drove an off-road motorcycle into a steel cable Paul Smithling had strung across a portion of the Smithlings' property. Clark also alleged that the cable constituted a public nuisance. Clark appeals from the trial court's granting of summary...

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