Dunham v. Pima County

In Dunham v. Pima County, 161 Ariz. 304, 306, 778 P.2d 1200, 1202 (1989), the Arizona Supreme Court found that strong statistical evidence showing a foreseeable risk to drivers on a particular segment of road created a question of fact for a jury to decide relating to the issue of negligence, even when the risk was created primarily by the unlawful actions of other drivers. The Court noted, when "evidence is offered from which a fact-finder could reasonably conclude that the public agency or jurisdiction should have foreseen a danger to plaintiff . . . then the question of that public entity's negligence is one for the jury." Id.