Rail N Ranch Corporation v. State

MOLLOY, Judge.

Plaintiffs appeal from a judgment entered in the trial court dismissing the State of Arizona, its Highway Commission, and a number of its agents and employees as parties defendant to this litigation. The basis for this ruling is the legislative grant of immunity found in A.R.S. § 45-715, which provides that no action shall be maintained against the State and its individual agents for damages resulting from failure of a dam.

The essential factual background of plaintiffs’ claims is set forth in a prior opinion of this court in this same litigation, Turner v. Superior Court, 3…