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Malone's Personal Injury Report

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Herrera’s motion for summary judgment and dismiss Plaintiffs’, James and Carina Malone (“Malones”) and their daughter, Maria Malone’s, (“Malone”), personal injury claim under the Attractive Nuisance Doctrine (“AND”). Malone injured her leg on Herrera’s land art. The Malones are not able to establish facts that support Malone’s personal injury claim. Arizona has adopted AND, which holds landowners liable for injuries to children that were harmed due to an artificial condition on their land. Norton v. Black, 469 P.2D 101 (Ariz. Ct. App. 1970). Amongst other things, the Malones must show that the natural land art was artificial and not natural. Absent the factual showing, the Malones cannot prevail in their personal injury claim under AND. The …show more content…
(Carina Malone Dep. 2:1-3). The Malones took their daughter to the park often. (Carina Malone Depo. 3:14-15). On March 16, 2014, the Malones intentionally drove a distance from the main highway and veered onto a private, narrow, winding road to a secluded grassy area to have a picnic. (Carina Malone Depo. 2:8, 3:6,14). Malone ventured off from her parents to find a spot for a noiseless picnic. (Carina Malone Depo. 3:8). In less than a minute, Malone stopped at a forested area where Herrera’s land art is located. (Carina Malone Depo. 3:1). (Maria Malone Depo. 2:12). Malone decided to approach the land art, with consent of her parents. (Maria Malone Depo. 2:16). Malone alleged that she has never seen rocks stacked on top of one another before, but decided to step on one rock to grab another. (Maria Malone Deop. 3:2-4). Due to the naturally formed moss, Malone slipped and almost fell. (Maria Malone Deop. 3:2-4). She screamed, but saved herself by rebalancing, then proceeded to climb on another naturally formed mossy rock. (Herrera Depo. 2:15). Malone fell in the shallow water and suffered minor injuries. (Maria Malone Depo.

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