Marcie Normandin v. Encanto Adventures

JUSTICE LOPEZ, opinion of the Court:

¶1 We consider whether Arizona's recreational use statute, A.R.S. § 33-1551, immunizes Encanto Adventures LLC ("Encanto") from liability in a simple negligence action for injuries Marcie Normandin, a recreational user, sustained after falling in Encanto Park. We hold that Encanto is not a "manager" of land used for recreational purposes and therefore it is not immune from liability under the statute.

I

¶2 Encanto operates an amusement park in an area of Encanto Park known as Picnic Island. In 1991, the City of Phoenix (the "City") and Encanto's predecessor…