· 9/27/2007
Grafitti-Valenzuela v. City of Phoenix
Citations
- 167 P.3d 711
- 216 Ariz. 454
- 513 Ariz. Adv. Rep. 20
- 2007 Ariz. App. LEXIS 188
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- summarizing the holding of Rogers as “stating ‘causation-in- 27 fact’ is required to find proximate cause”
- affirming summary judgment for city because it did not breach its duty to keep a bus stop safe for users and the lack of shelter and lighting at the bus stop did not cause a child’s abduction
- a court may grant summary judgment when a party fails to demonstrate a material question of fact upon which a reasonable jury could find causation
- “The scope and nature of the conduct required to satisfy a duty to keep premises reasonably safe is limited to keeping them safe from . . . foreseeable harms.”
- “[I]n approaching the question of negligence or unreasonable risk, ‘the courts set outer limits. A jury will not be permitted to require a party to take a precaution that is clearly unreasonable.’” (quoting Rogers v. Retrum, 170 Ariz. 399, 402-03 n.4 (App. 1991
- “For a claim or defense to withstand a motion for summary judgment and be presented to a jury, the proponent of the claim or defense must present evidence from which a reasonable jury could find, directly or by inference, that the probabilities favor the proponent.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Barker, Norris, Thompson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.