Hersey v. Salt River Valley Water Users' Ass'n

HAIRE, Judge.

This was an action in which plaintiffs sought to recover damages resulting from the wrongful death of Laura Hersey, a minor. The trial court granted defendant’s motion for summary judgment, and plaintiffs have appealed. Appellants and appellee will be referred to as plaintiffs and défendant respectively.

Defendant owns, maintains and operates an irrigation lateral along the west side of 75th Avenue, near its intersection with Indian School Road, Maricopa County, Arizona. A short distance north of the intersection of 75th Avenue and Indian School Road the lateral enters an…