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Attractive Negligence Case Digest

639 Words3 Pages

INTRODUCTION Defendant Ms. Kalani Herrera ("Ms. Herrera") respectfully request the court grants Ms. Herrera 's motion for summary judgment and dismiss the plaintiffs, Mr. And Mrs. Malone 's ("Malones") personal injury claim. The Malones have a brought a personal injury lawsuit against Ms. Herrera under the attractive nuisance doctrine on behalf of themselves and their daughter Maria Malone ("Maria"), a minor who was injured on an a peace of land art while trespassing on Ms. Herrera 's property. However, the plaintiffs have failed to establish elements that are pertinent to the claim. Landowners typically owe no duty to trespassers however, the doctrine of attractive nuisance is an exception to …show more content…

See Spur Feeding Co. v. Fernandez, 472 P.2d 12 (Ariz. 1970) The plaintiffs have failed to prove Maria because of her age could not discover the condition or realize the risk involved in intermeddling with it or in coming within the area made dangerous by it. Maria Malone is an intelligent young lady who at the age of eleven works at an eighth grade level and whose parents trusted Maria 's intelligence enough to assign her go off on her own to find them a secluded spot to have their

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