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Hill v. Safford Unified School District12/30/1997
Honorable Dudley S. Welker, Judge
AFFIRMED
Following an argument at school, Safford High School student Scott Fast fatally shot Clint Hill, another student, after school at a location outside the city of Safford. Plaintiff/appellant Kathy Hill, individually and on behalf of Clint Hill's estate, brought an action against defendants/appellees Safford Unified School District ("the school") and B. B. Andrews, a teacher at the school, to recover damages for negligence and wrongful death. The trial court granted summary judgment in favor of appellees, finding no liability as a matter of law. Appellant contends that the trial court erred because the school knew or should have known that Fast had dangerous propensities, it was foreseeable that Fast would harm or cause injury to Hill, and the school failed to take any action to prevent the events that led to his death. We affirm.
Factual Background
The facts in this case are largely undisputed and we view them, and all reasonable inferences therefrom, in the light most favorable to the party appealing summary judgment. Rogers v. Retrum, 170 Ariz. 399, 825 P.2d 20 (App. 1991). On Friday, September 17, 1993, Hill and a friend, Justin Grotte, had a verbal altercation at school with another student, Troy White, who was a member of a small gang in Safford that called itself the "Eight Ball Posse." The altercation took place during school hours, and school officials called Safford police after questioning Grotte and White. White was taken to the police station for further questioning, and the school suspended him for five days. On Monday, September 20, another verbal confrontation took place during school, this time between Fast, a friend of White and fellow "Eight Ball Posse" member, and Grotte, who was then joined by Hill. Teachers brought Hill and Fast to the school office. After speaking with each student, the associate principal felt the situation was "defused" and allowed the boys to return to class, taking no further disciplinary action.
After classes ended, a group of students began to gather across the street from the school, apparently anticipating a fight between Fast and Grotte. Andrews happened to be driving by and he yelled, "Break it up," and, "Take it somewhere else." Police were called, but before they arrived, several vehicles loaded with students left the scene and drove to an area outside of town known as Clay Knolls. When police responded, they were informed the students may have gone to that location. Meanwhile at Clay Knolls, Fast produced a gun and, after pointing it at several other students, shot Hill in the chest. The police arrived at the scene shortly after the shooting. Fast apparently had obtained the gun from a schoolmate's vehicle during the lunch period that day. School administrators had heard rumors about the "Eight Ball Posse" and had once searched Fast's school locker after hearing a rumor that he had a gun on school premises, although no gun was found. There had been no other shootings or similar incidents at or near the school.
Standards of Review
On appeal from a summary judgment, we determine de novo whether there are any genuine issues of material fact and whether the trial court erred in applying the law. Wallace v. Casa Grande Union High School District No. 82, 184 Ariz. 419, 909 P.2d 486 (App. 1995). We will affirm the trial court's decision if it is correct for any reason, even if that reason was not considered by the trial court. Glaze v. Marcus, 151 Ariz. 538, 729 P.2d 342 (App. 1986); Chavez v. Tolleson Elementary School District, 122 Ariz. 472, 595 P.2d 1017 (App. 1979).
Duty
Appellant correctly poin
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