Newman v. Maricopa County

OPINION

FIDEL, Judge.

The trial court granted Maricopa County’s motion to dismiss plaintiffs’ personal injury suit for failure to state a claim. Plaintiffs appeal and we reverse. The trial court determined — in our view prematurely — that the County owed plaintiffs no duty. We conclude that plaintiffs’ complaint — necessarily accepted as true for the purpose of the motion — sufficiently stated a claim to withstand a motion to dismiss. We additionally conclude that resolution of the question of the County’s duty required a more fully developed record concerning the County’s power and policies…