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Bledsoe v. Goodfarb12/19/1991
Both plaintiff, Joseph K. Bledsoe (Bledsoe), and defendant, Salt River Valley Water Users Association (the Association), bring special action petitions to challenge the trial court's partial grant of a motion for summary judgment in a negligence action. The basic issues concern the tort immunity granted to landowners of recreational premises by A.R.S. § 33-1551 and to owners and operators of irrigation canals by the common law doctrine originating in Salladay v. Old Dominion Copper Mining Co., 12 Ariz. 124, 100 P. 441 (1909).
The Association sought summary judgment, asserting that Bledsoe's negligence claim is barred by both A.R.S. § 33-1551 and Salladay. The trial judge granted the Association's motion in part, ruling that both the statute and the common law granted the Association qualified immunity, thereby barring Bledsoe's simple negligence action. However, the court refused to dismiss the case because it believed Bledsoe might present facts at trial demonstrating willful or malicious failure to guard or warn against a dangerous condition. Such a claim, the court held, would not be barred by the statute. Likewise, the court held that Harris v. Buckeye Irrigation Co., 118 Ariz. 498, 578 P.2d 177 (1978), might limit Salladay and allow Bledsoe to pursue his claim if he could show the Association acted willfully, maliciously, or with reckless indifference or a "public-be-damned" attitude. Minute Order, March 5, 1991. Bledsoe and the Association both seek special action relief pursuant to Rule 1(a), Ariz.R.P.Spec.Act., 17B A.R.S.
SPECIAL ACTION JURISDICTION
Appeal after final judgment is generally the proper remedy for trial court errors in granting motions for summary judgment. We believe special actions challenging a trial court's denial of summary judgment motions are appropriate only under exceptional circumstances. See Orme School v. Reeves, 166 Ariz. 301, 302-03, 802 P.2d 1000, 1001-02 (1990).
Both parties argue that this case is such an exception to this jurisprudential policy because the issues have statewide significance: the extent and continued viability of the Salladay doctrine protecting owners and operators of irrigation canals from liability, and the interpretation of a recreational use statute never before considered by this court. Indeed, approximately twenty water districts, companies, and associations appear as amici in this case, urging us to accept jurisdiction of these issues affecting water organizations statewide.
We agree and accept jurisdiction of these special action petitions directly from the trial court to resolve the questions presented and provide guidance on these matters of public import. See Kelley v. Arizona Dep't of Corrections, 154 Ariz. 476, 477-78, 744 P.2d 3, 4-5 (1987); Summerfield v. Superior Court, 144 Ariz. 467, 469, 698 P.2d 712, 714 (1985). We have jurisdiction pursuant to article 6, § 5(3) of the Arizona Constitution and Rule 8, Ariz.R.P.Spec. Act., 17B A.R.S.
STATEMENT OF FACTS
The Association was formed in 1903 to promote irrigation in the Phoenix area. The Association is a private corporation that operates and maintains irrigation canals throughout the valley. It presently operates over one thousand miles of canals and laterals (secondary canals conveying water to specific irrigated lands) in Maricopa County. Because of the tremendous population growth
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