Abstract
In Kohl v. City of Phoenix, the Arizona Supreme Court considered the extent of municipal immunity under Section 12-820.01 of the Arizona Revised Statutes for the "exercise of an administrative function involving the determination of fundamental government policy." At issue was the City of Phoenix's ("City") decision not to install a traffic signal at the intersection where the Plaintiffs' thirteen-year-old son was killed while riding his bicycle. Writing for the majority, Justice Hurwitz concluded that the decision not to signalize that particular intersection flowed directly from an immune policymaking decision relating to the procedure used to determine appropriate intersections for signaling. In a unanimous decision, the court held that the City was entitled to absolute immunity, and thus vacated the court of appeals' decision and affirmed the superior court's grant of summary judgment in favor of the City.
How to Cite
56 Ariz. L. Rev. 1017 (2007)
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