Herman v. City of Tucson

OPINION

PELANDER, Presiding Judge.

¶ 1 The appeal in this personal injury/premises liability action presents questions of the interpretation and constitutionality of Arizona’s recreational use immunity statute, A.R.S. § 33-1551. We hold that, because plaintiff/appellant Michelle Herman did not come within the statutory definition of “recreational user” at the time of her accident in a Tucson municipal park, the City is not entitled to qualified immunity under the statute, and the trial court erred in granting summary judgment in its favor on that basis.

BACKGROUND

¶2 The pertinent facts in this…