Goss v. City of Globe
In Goss v. City of Globe, 180 Ariz. 229, 232, 883 P.2d 466, 469 (App. 1994), the appellant sued the city after suffering an injury from falling off a wall, which the city had designed and maintained. Id.
The appellant argued that the city was negligent in its creation, design, and maintenance of the wall. Id.
The city moved for summary judgment, asserting that it was immune, and the trial court granted the city's motion.
On appeal, the city argued that it was entitled to absolute immunity because the decision not to allocate funds for the construction of sidewalks or guardrails was the exercise of an administrative function. Id. at 231, 883 P.2d at 468.
The Court, however, concluded that the record showed that the city never made an "actual decision not to spend funds on guardrails or sidewalks." Id.
Instead, by not allocating funds for the wall's maintenance, the city had made this decision "by default." Id. Because no actual decision-making had occurred, we held that A.R.S. 12-820.01 did not apply; therefore, the city did not enjoy immunity from suit. Id. at 232, 883 P.2d at 469.