Shanks v. Davey Tree Surgery Co.

OPINION

FERNANDEZ, Judge.

Appellants Paul Shanks, his wife, and his children appeal from the granting of appellee Davey Tree Surgery Company’s motion for summary judgment in their personal injury action, arguing that Davey either contractually agreed or undertook to perform duties owed to the public by Tucson Electric Power Company (TEP) and that fact issues exist as to whether Davey breached the duty of care it owed the Shanks. We disagree and affirm.

In June 1989, Paul Shanks was working as a tree trimmer for a company that had been hired by a homeowner to trim some palm trees in his yard.…