Cooley v. Arizona Public Service Co.

I respectfully dissent from the majority’s conclusion that Cooley presented sufficient evidence of a sidewalk defect to raise a disputed issue of material fact as to APS's constructive notice of the defect and concur in the remainder of the opinion.

I

In reviewing a grant of summary judgment, we view the facts and the record in the light most favorable to the party opposing the motion. Granite State Insurance Corp. v. Mountain States Telephone and Telegraph Co., 117 Ariz. 432, 573 P.2d 506 (App.1977). Summary judgment or a directed verdict is proper “if the facts produced in support of the…