Brown v. Syson

OPINION

HATHAWAY, Judge.

In view of the Arizona Supreme Court decision in Ryan v. State, 134 Ariz. 308, 656 P.2d 597 (1982), we must reverse the trial court’s granting of the defense motion for summary judgment. In Ryan, the supreme court expressly overruled the doctrine of immunity expressed in Massengill v. Yuma County, 104 Ariz. 518, 456 P.2d 376 (1969). The court stated:

“We shall no longer engage in the speculative exercise of determining whether the tort-feasor has a general duty to the injured party, which spells no recovery, or if he had a specific individual duty which means recovery.…