Bach V. State

Plaintiffs-appellants Carl and Ila Bach brought this action to recover for injuries sustained by Mr. Bach in a single vehicle accident on Highway U.S. 60. The Bachs allege that defendant-appellee State of Arizona negligently designed and maintained the highway at the accident site. The State moved for a directed verdict at the close of the plaintiffs' case, claiming there was no breach of duty owed to Mr. Bach, and that its duty did not extend to the area off of the paved roadway where the accident occurred. The trial court granted the State's motion on the ground that the State owes no duty to the traveling motorist who, through no fault of the State, leaves the paved portion of the highway.