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The City of South Tuscon (D) police had a gunman surrounded in a house and firing random shots. The City of Tuscon police had an agreement with D for mutual aid in law enforcement. The agreement called for supervision original supervision over forces so employed but that the requesting party could only direct the assisting party to places where they are needed, but the assisting party would retain control of his forces so deployed. D could not handle the situation and called the City of Tuscon police for support. Garcia (P) an officer for The City of Tuscon responded and was shot in the back by one of D's policemen. P is now a paraplegic. P sued D and D was found to be negligent, and P was awarded $3,592,213. D appealed contending that P's sole remedy was under worker's compensation.

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