Garcia v. City of South Tucson

OPINION

HOWARD, Judge.

I

On October 11, 1978, a team of officers from the City of South Tucson and the City of Tucson surrounded a house in South Tucson which was being occupied by a lone gunman who had been firing random shots from the residence. During an attempt to flush the gunman out, appellee Roy Garcia, a policeman for the City of Tucson, was shot in the back by a member of the South Tucson Police Department and, as a result, is now a paraplegic. Other facts will be set forth as they apply to the issues under discussion.

The jury found appellant negligent and awarded appellees damages in…