MacKinney v. City of Tucson

OPINION

ESPINOSA, Judge.

¶ 1 In this personal injury action, defendanVappellant City of Tucson appeals from a judgment in favor of plaintiff/appellee Thomas MacKinney. The city argues the trial court erred in denying its motion for summary judgment, asserting that Arizona’s recreational-use immunity statute, A.R.S. § 33-1551, barred MaeKinney’s negligence claim as a matter of law. For the following reasons, we vacate and remand.

Factual Background and Procedural History

¶ 2 In reviewing a summary-judgment ruling, we view the facts in the light most favorable to the nonmoving party. City of…