City of Tucson v. Wondergem

MOLLOY, Judge.

This appeal reviews the action of a trial court in granting a new trial after a jury verdict in favor of the defendant, City of Tucson, in a wrongful death action.

The litigation arises out of a flash flood occurring in the Arroyo Chico, a main tributary of the much-litigated Tucson Arroyo. 1 The plaintiff’s deceased met his death around 10:30 p. m., on August 22, 1961. The watershed drained by this particular arroyo had been subjected to substantial rains for a four to five day period prior to August 22, and on this date there occurred a heavy rain in the watershed. The heavy…