![]() ![]() In reviewing the granting of summary judgment, this Court views the evidence in the light most favorable to the appellants that is, we will accept the allegations of the complaint as being true. The judgment of the trial court is reversed and remanded. The opinion of the Court of Appeals is vacated. After denial of a motion for rehearing, appellants filed this petition for review. The Court of Appeals, Division Two, affirmed the judgment of the Superior Court, 26 Ariz. The court ordered that: "defendants' Motion for Protective Order is granted and that defendants have judgment against plaintiffs on their Complaint, that the Complaint be dismissed on the merits and with prejudice as against defendants, and that defendants have and recover their costs incurred in this action." Appellants appealed from the judgment. The court determined that there was no genuine issue as to any material fact and that defendants were entitled to judgment against plaintiffs on their complaint as a matter of law. The trial court granted appellees' motion for a protective order and treated the motion to dismiss as a motion for summary judgment pursuant to Rules 56 and 12(c) of the Rules of Civil Procedure, 16 A.R.S. Appellants sued the Board of Pardons and Paroles as an entity, as well as the individual members of the Board who are appellees in this review.Īppellees filed a motion for a protective order and for dismissal for failure to state a claim upon which relief can be granted. Appellants are Edna and John Grimm, surviving natural parents of John Grimm, deceased, and Robert and *262 Pat Bennett, husband and wife. Hofmann, Tucson, for appellees.Īppellants brought a wrongful death and personal injury suit against appellees alleging that appellees' grossly negligent and reckless release of prisoner Mitchell Thomas Blazak caused the harm for which appellants sought redress. Stompoly, Tucson, for appellants.įish, Briney, Duffield & Miller, P.C. ![]() The ARIZONA BOARD OF PARDONS AND PAROLES, Walter Jacobs, Walter Michaels and Donald Simmons, members of the Arizona Board of Pardons and Paroles, Appellees. Edna GRIMM and John Grimm, wife and husband, the surviving natural parents of John Grimm, Deceased, and Robert and Pat Bennett, husband and wife, Appellants, ![]()
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