McDonald v. City of Prescott

OPINION

WEISBERG, Presiding Judge.

¶ 1 Plaintiffs Russell and Donna McDonald (the “McDonalds”) and Defendant State of Arizona (“Arizona”) appeal from the trial court’s dismissal of plaintiffs’ negligence claim against Defendant City of Prescott (“Prescott”). For the following reasons, we reverse the dismissal and remand for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 Russell McDonald was injured when he struck a “piece of metal” 1 in the roadway while riding his motorcycle on State Route 69 in Prescott. He alleged that the defendants’ negligent failure to maintain the roadway in a…