Dinsmoor v. City of Phoenix

492 P.3d 313, 251 Ariz. 370, 393 Educ. L. Rep. 837 (2021)

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Dinsmoor v. City of Phoenix

Arizona Supreme Court
492 P.3d 313, 251 Ariz. 370, 393 Educ. L. Rep. 837 (2021)

  • Written by Tiffany Hester, JD

Facts

High school students Matthew and Ana were dating each other. Matthew told Ana that his ex-girlfriend, Raven, had been disparaging Ana. One day at school, Ana and Raven talked and realized Matthew had been lying and pitting the girls against each other. Ana then immediately yelled at Matthew about his behavior. The next day, while Ana was at school, Matthew sent Ana a text stating that Matthew would “take care” of Raven on Raven’s way home from school. Concerned for Raven’s safety, Ana warned Raven and showed the text to school officials. Ana told officials that she was not worried that Matthew would hurt Ana, but Ana was concerned that Matthew would hurt Raven because he had done so before. The school officials did not speak to Matthew because he was absent that day, but officials created a plan to ensure Raven safely arrived home from school. The following day, Matthew was absent from school again, and Ana told school officials that she planned to meet Matthew at a friend’s house after school. Ana reiterated that Matthew was not a threat to Ana. The school officials advised Ana against meeting Matthew but did not stop her from doing so. After school ended, Ana met Matthew at Ana’s friend’s house, where Matthew killed Ana and himself. Ana’s mother, Diannah Dinsmoor (plaintiff), filed a negligence claim against the school officials, the school district, and the City of Phoenix (collectively, the school) (defendants). The trial court granted summary judgment for the school, finding that the school did not owe a duty to protect Ana. The appeals court reversed, and the Arizona Supreme Court granted review.

Rule of Law

Issue

Holding and Reasoning (Timmer, C.J.)

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