Brown v. Syson
| Decision Date | 28 March 1983 |
| Docket Number | CA-CIV,No. 2,2 |
| Parties | Jack L. BROWN and Elaine Brown, husband and wife, Plaintiffs/Appellants, v. Douglas SYSON and Jane Doe Syson, husband and wife, and the City of Bisbee, a municipal corporation, Defendants/Appellees. 4424. |
| Court | Arizona Court of Appeals |
In view of the Arizona Supreme Court decision in Ryan v. State, 134 Ariz. 308, 656 P.2d 597 (1982), we must reverse the trial court's granting of the defense motion for summary judgment. In Ryan, the supreme court expressly overruled the doctrine of immunity expressed in Massengill v. Yuma County, 104 Ariz. 518, 456 P.2d 376 (1969). The court stated:
The court noted that, as in all other negligence actions, plaintiffs still must show that a duty was owed to the plaintiff, that this duty was breached, and that an injury was proximately caused by that breach. The court concluded:
In the case before us, appellants contracted with certain builders, defendants below but not parties to this appeal, for the construction of a residence in the City of Bisbee. During the construction of the residence, Douglas Syson inspected the building in his official capacity as the city building inspector for the City of Bisbee. Appellants allege that the inspections were performed in a negligent manner and that the residence was constructed in violation of the Uniform Building Code and Uniform Housing Code then in effect in the City of Bisbee.
The record before us indicates that...
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