Jury selection – also called Voir Dire – has been in the news this week. With the first criminal trial of a former President getting underway, the process of finalizing the 12 individuals who will return a verdict has become an item of intense interest. Lawyers and court watchers were surprised t...
Schmidt, Sethi & Akmajian Blog
Torts: Notice of Claim—Sufficiency of Alleged Facts Supporting Liability/Duty of State Issuing Liquor License
Sanchez-Ravuelta v. Yavapai County, No. 2 CA-CV 2023-0059 (App. Div. II, April 3, 2024) (J. Eckerstrom) https://www.appeals2.az.gov/decisions/CV20230059Opinion.pdf LAWSUIT AGAINST GOVERNMENTAL ENTITY IN ARIZONA MUST BE PRECEDED BY A TIMELY NOTICE OF CLAIM WHICH MUST SET FORTH FACTS SUFFICIENT TO...
MEDICAL MALPRACTICE IN THE AGE OF ARTIFICIAL INTELLIGENCE
Artificial intelligence now influences many professions, from education, financial analysis and increasingly in healthcare. How might concerns about medical malpractice liability impact the use of AI in medicine? This was the topic of a recent study by Jons Hopkins University. https://carey.jh...
Underinsured Motorist Insurance Policy Time Limits to Pursue Claim/Estoppel
State Farm Mut. Auto. Ins. Co. v. Frank, No. 1 CA-CV 23-0282 (App. Div. I, March 21, 2024) (J. Catlett) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/CV%2023-0282%20State%20Farm.pdf AUTO POLICY UIM COVERAGE NOT AVAILABLE TO INSURED WHERE TIME LIMIT OF 3 YEARS TO FILE CLAIM FOR ARBITR...
Personal Jurisdiction Required to Issue Order of Protection Against Defendant
Martinez v. Zuniga, No. 2 CA-CV 2023-0214-FC (App. Div. II, March 21, 2024) (J. Vasquez) https://www.appeals2.az.gov/decisions/CV20230214Opinion.pdf ARIZONA COURTS MUST HAVE PERSONAL JURISDICTION OVER A DEFENDANT BEFORE IT HAS ABILITY TO ISSUE PROTECTIVE ORDER AGAINST DEFENDANT/THE “MINIMUM CONT...
Eyes Everywhere - the Internet of Things Tracks All
In our office we have had some interesting conversations lately about the internet of things. The internet of things (IoT) describes devices with sensors, processing ability, software, and other technologies that connect and exchange data over the internet or other communications networks. Imag...
Foreign Judgments: Arizona Foreign Judgment Limitation Statute Applied to Revised Judgment
Costaras v, Costaras, No. 1 CA-CV 23-0286 (App., Div. I, March 7, 2024) (J. Williams) IF LAWS OF STATE OF RENDITION OF A REVIVED JUDGMENT TREAT REVIVIED JUDGMENT AS A NEW JUDGEMENT ARIZONA'S FOREIGN JUDGEMENT LIMITATION STATUTE BEGINS TO RUN ON DATE OF REVIVED JUDGMENT Husband and wife divorce...
BIRTH INJURY VERDICT, ALLEGATIONS OF INSURANCE COMPANY “BAD FAITH” AND DAMAGES CAPS
In a recent medical malpractice case in Iowa arising out of a birth injury, the jury awarded $97 million to the plaintiff (later reduced by the judge to $75 million). Birth injury cases can and do generate verdicts in the tens of millions of dollars due to the staggering cost of lifetime care fo...
Torts: Legislative and Judicial Immunity
Garibay v. Johnson, No. 2 CA-SA 2023-0091 (App. Div. II, February 14, 2024) (J. O'Neil) https://www.appeals2.az.gov/decisions/SA20230091Opinion.pdf CONSTABLES ARE JUDICIALLY IMMUNE FROM CLAIMS OF NEGLIGENCE OR GROSS NEGLIGENCE WHEN SERVING A WRIT Plaintiffs' decedent Angela Fox was an apartment...
Tort: Red Light Statute and Enhanced Penalty Statute Do Not Require Vehicle Enter Intersection Before Causing Accident
State v. Gordon, No. 1 CA-SA 23-0162 (App. Div. I, February 13, 2024) (J. Bailey) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/1%20CA-SA%2023-0162%20Gordon-Owen.pdf VEHICLE CAUSING ACCIDENT NEED NOT ENTER INTERSECTION BEFORE CAUSING ACCIDENT TO RESULT IN VIOLATION OF RED LIGHT STATU...
Property: Adverse Possession & Boundary by Acquiescence
Beck v. Neville, No. CV-22-0134-PR (January 9, 2024) (J. Montgomery) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2024/CV220134PR.pdf BOUNDARY BY ACQUIESCENE IS A RECOGNIZED CAUSE OF ACTION IN ARIZONA WHICH REQUIRES PROOF BY CLEAR & CONVINICING EVIDENCE THAT THE ACTUAL BOUNDARY IS UNC...
Torts: Restatement (Second) of Torts § 552 Liability for Giving False Business Advice
Hammer Homes, LLC v. City of Phoenix, No. 1 CA-CV 23-0114 (App. Div. I, December 21, 2023) (J. McMurdie) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-CV%2023-0114.pdf CITY HAS DUTY UNDER RESTATEMENT (SECOND) OF TORTS § 552 NOT TO GIVE FALSE INFORMATION REGARDING LAND USE REST...
A Locked Door Would Have Saved His Life
Miguel Moreno, a beloved father of three daughters, died after being lost in the desert on August 5, 2023. Investigative accounts suggest that Miguel, who suffered early dementia, walked out of an open gate in his memory care facility. It took hours for staff to realize he was missing and coordin...
Tesla Recall Alert: Is Your Vehicle Affected and What to Do Next
Tesla, a leader in electric vehicle technology, has recently announced a significant recall affecting numerous models due to potential safety issues. This recall emphasizes the importance of staying informed and proactive about vehicle maintenance and safety.The recall primarily targets issues re...
Arbitration Mandated by Employment Contract
Gray v. GC Services, LP, No. 1 CA-CV 21-0533 (App. Div. I, December 14, 2023) (J. Brown) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-CV%2021-0533%20-%20Gray%20v.%20GC%20Services%20-%20Opinion.pdf BROAD MANDATORY BINDING ARBITRATION CLAUSE IN EMPLOYMENT CONTRACT WHERE PARTIES...
Torts: Vicarious Liability of County/Ability to Sue Sheriff
Sanchez v. Maricopa County, No. 1 CA-CV 22-0572 (App. Div. I, December 7, 2023) (J. Furuya) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-CV%2022-0572%20Sanchez,%20et%20al.%20v.%20Maricopa%20County.pdf COUNTY HAS NO PRINCIPAL-AGENT RELATIONSHIP WITH EMPLOYEES OF SHERIFF'S DEPA...
Notice of Claim Timeliness for Alleged Sexual Abuse
Boyd v. State, No. 1 CA-CV 21-0684 (App. Div. I, December 5, 2023) (J.Brown) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-CV%2021-0684%20-%20Boyd%20v.%20State%20-%20Opinion.pdf HOUSE BILL 2466 SUPERCEDES THE 180 DAY TIME LIMIT OF A.R.S. § 12-514 BUT NOT THE STATUTE'S REQUIREM...
Civil Procedure Rule 12(d) Right to Convert Motion to Dismiss into Motion for Summary Judgment
Date St. Cap. v. Clearcover Ins. Co., No. 2 CA-CV 2023-0065 (App. Div. II, November 21, 2023) (J. Eckerstrom) https://www.appeals2.az.gov/decisions/CV20230065Opinion.pdf WHERE A RIGHT TO DISMISSAL TURNS UPON THE DETERMINATION OF A MATERIAL FACTUAL ISSUE RULE12(d) REQUIRES COURT ALLOW ALL SIDES T...
Torts: Governmental Liability & Notice of Claim
Ryan v. Rogers, No. 1 CA-SA 23-0154; (App. Div. II, October 31, 2023)(J. Jacobs) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-SA%2023-0154%20Mesa%20Williams%20v.%20Hon%20Ryan.pdf NOTICE OF CLAIM DEMANDING “$1 MILLION OR APPLICABLE POLICY LIMITS WHICHEVER ARE GREATER” DOES NOT...
Nine Year Old Tucson Child Killed By Falling School Gate
According to a report in the Arizona Daily Star this weekend, a 9-year-old childdied on Friday after a large metal gate at an elementary school in Tucson fell onthe child as she was helping to close it. Other news outlets reported the child wasa girl. The incident took place at Centennial Elemen...
Holding Greek Life Fraternity Houses Liable for Underage Drinking and Injuries
Greek life is a big part of the college experience at the University of Arizona and Arizona State University. It offers camaraderie and a sense of community to many students. It also the hub of significant social activity and parties. Unfortunately, the fraternity party scene can sometimes lead ...
Torts: Duty to Third Parties to Warn of Risk of Future Harm/Child Abuse
Avita v. Crisis Preparation & Recovery, Inc., No CV-22-0288-PR (October 16, 2023) (J. Bolick) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2023/CV220288PR.pdf A.R.S. § 13-3620(A) CREATES A DUTY TO REPORT PRIOR BUT NOT FUTURE HARM FROM CHILD ABUSE, NEGLECT OR ENDANGERMENT AND COMMON LA...
Civil Procedure/Administrative Law: Notice Requirement for Administrative Order
Do v. Arizona Bd. Of Regents, No. 1 CA-CV 22-0752 (App. Div. I, October 19, 2023( (J.Foster) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/Do%20v.%20ABOR%20-%20Final.pdf WHERE ADMINISTRATIVE AGENCY HAS NO RULE GOVERNING HOW TO NOTIFY A PARTY OF ITS DECISION, A.R.S § 12-904(A) REQUIRE...
Torts: Arizona Constitution Anti-Abrogation Clause Inapplicable to Legislation Regulating Dram Shop Actions
Torres v. JAI Dining Services, Inc., No. CV-22-0142-PR (October 16, 2023) (C.J. Brutinel) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2023/CV220142PR.pdf ARIZONA CONSTITUTION ANTI-ABROGATION CLAUSE DOES NOT PROHIBIT LEGISLATURE FROM LIMITING COMMON LAW DRAM SHOP ACTIONS BECAUSE DRAM ...
CANCER DIAGNOSIS AND TREATMENT—MALPRACTICE ISSUES
Cancer is a devastating diagnosis. This is sometimes compounded by substandard medical care. Over the years, I have seen several types of medical malpractice cases related to cancer diagnosis and treatment. The first type is the failure to timely diagnose cancer, which can cause loss of a sign...