Smith v. Arizona Board of Regents

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 and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

¶ 2 In the spring of 1997, appellant Todd R. Smith (“Smith”) was a student at…