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PARRISH v. GOFF

Court of Appeals of Arizona, Division Two
Feb 10, 1982
131 Ariz. 307 (Ariz. Ct. App. 1982)

Opinion

No. 2 CA-CIV 4120.

December 21, 1981. Rehearing Denied January 20, 1982. Review Denied February 10, 1982.

Appeal from the Superior Court, Pinal County, Cause No. 32836, James E. Don, J.

Harlan Heilman, Yuma, for plaintiff/appellant.

Robbins Green, P.A., by Michael J. O'Grady, Phoenix, for defendants/appellees.


OPINION


This is an appeal from a summary judgment. In the late afternoon of June 21, 1980, appellant Leslie D. Parrish was riding his motorcycle southward on U.S. Highway 89 in Pinal County, Arizona. His wife, Erma, was riding as a passenger on the motorcycle. A cow belonging to appellees suddenly crossed the highway in front of the motorcycle. The motorcycle hit the cow and Erma was killed.

Appellees are the trustees and managers of Goff Cattle Ranch. The ranch covers nearly 14,000 acres and at the time of the accident appellees had approximately 150 head of grazing cattle. The area in which the accident took place is open range and not included in a "no-fence district".

Appellant contends the trial court erred because the existence of an open range did not absolve appellees of negligence in allowing their cattle to go out on the highway and that the doctrine of res ipsa loquitur presented a question of fact for the trier of fact. We do not agree.

Appellees had no duty to motorists to keep cattle off the highway and are absolved from liability by virtue of A.R.S. § 24-502. Stuart v. Castro, 76 Ariz. 147, 261 P.2d 371 (1953); Jensen v. Maricopa County, 22 Ariz. App. 27, 522 P.2d 1096 (1974).

Affirmed.


Summaries of

PARRISH v. GOFF

Court of Appeals of Arizona, Division Two
Feb 10, 1982
131 Ariz. 307 (Ariz. Ct. App. 1982)
Case details for

PARRISH v. GOFF

Case Details

Full title:Leslie D. PARRISH, the surviving spouse of Erma G. Parrish, Deceased…

Court:Court of Appeals of Arizona, Division Two

Date published: Feb 10, 1982

Citations

131 Ariz. 307 (Ariz. Ct. App. 1982)
640 P.2d 869

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