Wilson v. City of Tucson

MOLLOY, Judge.

The trial court granted the defendant City of Tucson’s motion for summary judgment, holding that the City was not liable for an allegedly negligent failure of two of its policemen to arrest a driver whose subsequent acts caused the death of plaintiff’s decedent. The issue before us is whether the trial court properly so ruled.

Before stating the fact's, a preliminary explanation as to what we might call the “factual posture” of the case is in order. .It is, of course, a well-regarded rule that summary judgment is generally not appropriate in negligence cases. See Boozer v.…