Tobel v. State, Dept. of Public Safety

OPINION

THOMPSON, Presiding Judge.

Plaintiffs, Antone and Judy Tobel, 1 appeal the grant of summary judgment in favor of defendants, City of Tempe (City), State of Arizona (State), and Arizona Department of Public Safety (DPS) (collectively defendants). We conclude that questions of fact exist as to whether defendants breached the duty of care and as to whether Tobel acted with due regard for his own safety. Accordingly, we hold that summary judgment was improperly granted.

FACTUAL AND PROCEDURAL BACKGROUND

On the night before the accident in question, DPS responded to an automobile accident on…