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Newman V. Maricopa County

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eBook details

  • Title: Newman V. Maricopa County
  • Author : Arizona Court of Appeals
  • Release Date : January 22, 1991
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

The trial court granted Maricopa County's motion to dismiss plaintiffs' personal injury suit for failure to state a claim. Plaintiffs appeal and we reverse. The trial court determined -- in our view prematurely -- that the County owed plaintiffs no duty. We conclude that plaintiffs' complaint -- necessarily accepted as true for the purpose of the motion -- sufficiently stated a claim to withstand a motion to dismiss. We additionally conclude that resolution of the question of the County's duty required a more fully developed record concerning the County's power and policies and should have been deferred for testing by motion for summary judgment following discovery on those points.


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