· 6/24/1997
Martinez v. Woodmar IV Condominiums Homeowners Ass'n
Citations
- 941 P.2d 218
- 189 Ariz. 206
- 246 Ariz. Adv. Rep. 5
- 1997 Ariz. LEXIS 70
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that duty is based on the relations between individuals and should not be equated with the specific details of a party's conduct
- recognizing duty of possessor of land with respect to its conduct irrespective of any duty to control third party
- stating that the circumstances dictate what conduct is reasonable to protect others from foreseeable and preventable danger
- holding summary judgment was inappropriate because defendant knew of gang incursions involving drugs and other criminal acts and could have taken reasonable precautions against harm
- stating that, in the context of a condominium association, parking lots are “common areas” because all unit owners are entitled to use them
- holding section 360 applicable to common areas shared by multiple tenants over which no single tenant maintained control or possession
Source: CourtListener parenthetical corpus (CC0).
Judges: Feldman, Zlaket, Jones, Moeller, Martone
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.