Skip to main content
· 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 CourtListener

Sourced 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.