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Broadbent by Broadbent v. Broadbent

907 P.2d 43 (1995)

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Broadbent by Broadbent v. Broadbent

Supreme Court of Arizona

907 P.2d 43 (1995)

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Facts

Broadbent (defendant) was watching her two-and-a-half year old son (plaintiff) swimming in the family pool. She left her son unattended to answer the phone, and when she returned her son was at the bottom of the pool. He was revived, but suffered severe brain damage. The father (plaintiff) brought suit on his son’s behalf, which was defended by Broadbent’s insurance provider. The trial court dismissed the case based on parental immunity, and the court of appeals affirmed.

Rule of Law

Issue

Holding and Reasoning (Corcoran, J.)

Concurrence (Feldman, C.J.)

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