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Wertheim v. Pima County8/31/2005
governmental immunity. We are required by Markowitz to consider the relationship of the individuals involved in determining whether a duty exists. Having found no "Arizona law to the contrary," we have applied the rules and principles set forth in the Restatement that are applicable to governmental and individual defendants alike. See Ft. Lowell-NSS Ltd. P'ship v. Kelly, 166 Ariz. 96, 800 P.2d 962 (1990).
Because we conclude the City and the County owed no duty to Carter, we affirm the trial court's grant of judgment as a matter of law.
M. JAN FLÓREZ, Presiding Judge
CONCURRING:
JOHN PELANDER, Chief Judge
PHILIP G. ESPINOSA, Judge
Page 1 2 3 4 5 6 Arizona Personal Injury Attorneys
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