Estate of Aten v. City of Tucson

OPINION

FERNANDEZ, Chief Judge.

In this appeal from the granting of summary judgment against it, appellant Estate *148of Debra Aten argues that it raised a question of material fact on the issue of whether appellee City of Tucson’s police pursuit of a fleeing vehicle was conducted in a negligent manner. The pursued vehicle crashed into Aten’s vehicle and killed her. We agree that appellant raised a fact issue that precluded entry of summary judgment and reverse.

In the early morning hours of January 18, 1987, three private security officers were driving on Ft. Lowell near First Avenue. A car drove…