Legal Opinion
Michael D. v. Deer Valley Unified School District No. 97
Court of Appeals of Arizona
Decided July 9, 1996No. 1 CA-CV 94-0274PublishedCited by 24 opinions
1Opinion of the Court
THOMPSON, Judge.
In this appeal, we consider whether a school district is immune from tort liability for injuries suffered by a student who was injured in a fall from a school playground swing set. The trial court ruled that the district had absolute immunity because its failure to install cushioning material under the swing set constituted a discretionary decision concerning allocation of resources. We conclude that statutory immunity does not protect the district in this instance because it does not have the discretion to breach its duty to refrain from subjecting district students to…
2Cases cited17 opinions
- Stone v. Arizona Highway CommissionArizona Supreme Court · 1963
- Stevenson v. State Ex Rel. Department of TransportationOregon Supreme Court · 1980
- Pritchard v. StateArizona Supreme Court · 1990
- The American Exchange Bank of Madison, Wisconsin, as of the Estate of Pauline H. Williams, Deceased v. United StatesCourt of Appeals for the Seventh Circuit · 1958
- Evenstad v. StateCourt of Appeals of Arizona · 1993
12 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Fidelity Security Life Insurance v. StateArizona Supreme Court · 1998
- Ritchie v. KrasnerCourt of Appeals of Arizona · 2009
- A Tumbling-T Ranches v. Flood Control DistrictCourt of Appeals of Arizona · 2009
- Alliedsignal, Inc., a Delaware Corporation v. City of PhoenixCourt of Appeals for the Ninth Circuit · 1999
- Diaz v. Magma Copper Co.Court of Appeals of Arizona · 1997
19 more not listed; retrieve them via the Exa API.