Legal Opinion
Clark v. New Magma Irrigation & Drainage District
Court of Appeals of Arizona
Decided June 24, 2004No. 2CA-CV 2003-0026PublishedCited by 10 opinions
1Opinion of the Court
OPINION
FLÓREZ, 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 judgment in favor of the District. 1
Background
¶2 The following facts are undisputed. Exercising its rights reserved under the Canal Act of August 30,…
2Cases cited12 opinions
- Orme School v. ReevesArizona Supreme Court · 1990
- Markowitz v. Arizona Parks BoardArizona Supreme Court · 1985
- Long Beach Unified School District v. Dorothy B. Godwin California Living Trust, and Mobil Oil Corporation, Powerine Oil Co.Court of Appeals for the Ninth Circuit · 1994
- Ammer v. Arizona Water Co.Court of Appeals of Arizona · 1991
- City of Phoenix v. WhitingCourt of Appeals of Arizona · 1969
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Wertheim v. Pima CountyCourt of Appeals of Arizona · 2005
- Rogers v. Board of Regents of the University of ArizonaCourt of Appeals of Arizona · 2013
- Estate of Maudsley v. Meta Services, Inc.Court of Appeals of Arizona · 2011
- Timmons v. Ross Dress for Less, Inc.Court of Appeals of Arizona · 2014
- Ritchie v. CostelloCourt of Appeals of Arizona · 2015
5 more not listed; retrieve them via the Exa API.