First Nat. Bank of Arizona v. Dupree

OPINION

GRANT, Judge.

The sole issue on this appeal is whether the trial court erred in granting summary judgment in a negligence action in favor of the minor defendant.

This law suit was initiated by the co-conservators of the estate of Dominique M. Brady, a minor, against Hank Dupree, a minor, and several adult defendants 1 for personal injury sustained by Dominique on August 5, 1975. Dominique was injured while playing a game with Hank and several other children which involved “shooting” each other off their feet. Hank Dupree’s deposition account of this game is the only evidence of how the…