Beach v. City of Phoenix

OPINION

JACOBSON, Presiding Judge.

The sole issue raised by this appeal is whether the City is liable for injuries resulting to a pedestrian who, in avoiding an obstruction on a public sidewalk, is struck by a passing motorist.

This action was instituted by plaintiff-appellant, Anarinda Beach, against the defendant-appellee, City of Phoenix and others, seeking damages she sustained when she was struck by an automobile being driven by Linda Graulich. Plaintiff’s theory of liability against the City was that by reason of the failure of the City to properly maintain its sidewalk, the plaintiff was…