Legal Opinion

Carlson v. Tucson Racquet & Swim Club, Inc.

Court of Appeals of Arizona

Decided September 9, 1980No. 2 CA-CIV 3601PublishedCited by 13 opinions

1Opinion of the Court

RICHMOND, Judge.

Does the attractive nuisance doctrine apply to a 16-year-old trespasser who suffered a catastrophic injury when he dived into a swimming pool on premises controlled by defendants? That is the disposi-tive question on this appeal from summary judgments in favor of the various defendants. We affirm.

On the day he was injured, plaintiff Eric Carlson was 16 years old. He and another teenager entered the premises of the Tucson Racquet and Swim Club on the evening of August 27, 1977. Their immediate purpose was to use the equipment in the weight room. Eric knew that the club was a…

2Cases cited4 opinions

  1. O'Keefe v. South End Rowing ClubCalifornia Supreme Court · 1966
  2. Dobbertin v. JohnsonArizona Supreme Court · 1964
  3. Spur Feeding Company v. FernandezArizona Supreme Court · 1970
  4. Barnhizer v. Paradise Valley Unified School District 69Arizona Supreme Court · 1979

3Cited by13 opinions

  1. Webster v. CulbertsonArizona Supreme Court · 1988
  2. Hughes v. Quarve & Anderson Co.Supreme Court of Minnesota · 1983
  3. Church of Jesus Christ of Latter Day Saints v. Superior CourtCourt of Appeals of Arizona · 1985
  4. Hughes v. Union Pacific RailroadIdaho Supreme Court · 1988
  5. Watters v. Buckbee, Mears Co.Court of Appeals of Minnesota · 1984

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