Sanchez v. City of Tucson

OPINION

MOELLER, Justice.

STATEMENT OF THE CASE

¶ 1 In this negligence case, the trial court granted summary judgment to the defendant City of Tucson (“City”). The court of appeals affirmed, based on the theory that the City did not exercise control over the location where the accident occurred, and therefore owed no duty to the infant plaintiff, Jose Sanchez (“plaintiff’). Because we conclude that issues of fact exist which preclude summary judgment, we reverse and remand.

FACTS AND PROCEDURAL HISTORY

¶ 2 On the night of March 14,1993, Teresa Barocio, carrying her eighteen-month-old son,…