Matthews v. Industrial Comm'n, No. CV-21-0192-PR (November 23, 2022) (J. Bolick) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2022/CV210192PR.pdf A.R.S. § 23-1043.01(B) LIMITING WORKERS' COMPENSATION CLAIMS FOR MENTAL ILLNESS TO THOSE THAT ARISE FROM AN “UNEXPECTED, UNUSUAL OR EXTRAOR...
Schmidt, Sethi & Akmajian Blog
American Exceptionalism – An Unwelcome Rise in Car Accident Deaths
The New York Times recently reported out a story of American Exceptionalism, except this time the recognition is unwanted. Comparing road deaths from 2017 to 2020, America saw a 5% increase. America was joined by only Switzerland (+5%) and Ireland (+3%) in increases. 27 countries reported signi...
Torts: Duty of Behavioral Health Professionals Performing Screenings for Involuntary Treatment to Report Suspected Abuse or Neglect
Avitia v. Crisis Preparation & Recovery Inc., No. 1 CA-CV 21-0083 (App. Div. I, November 8 2022) (J. Bailey) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2022/1%20CA-CV%2021-0083%20Avitia.pdf ABSENT FACTS A MINOR IS CURRENTLY OR IN THE PAST A VICTIM OF INJURY, ABUSE OR NEGLECT THERE IS N...
Punitive Damages: Reprehensibility Supports Higher Ratio Punitive Damages to Compensatory Damages
Riley v. Volkswagen Group of Am., No. 20-15882 (9th Cir. October 18, 2022) (J. Gould) https://cdn.ca9.uscourts.gov/datastore/opinions/2022/10/18/20-15882.pdf WHERE CONDUCT IS PARTICULARLY REPREHENSIBLE LARGER RATIO OF 8 TO 1 PUNITIVE DAMAGES TO COMPENSATORY IS APPROPRIATE Plaintiffs opted out...
EXPERT WITNESS CHALLENGES
In the trial of medical malpractice cases, plaintiffs must present expert testimony to support key elements of the case. These elements are whether the defendant health care provider breached the standard of medical care and whether such breach was a cause of the plaintiff's injury. Experts are...
Top 5 Truck Driver Behaviors Linked to Future Crashes
Safety experts have identified five behaviors as strong indicators of future crash involvement. The American Transportation Research Institute (ATRI) analyzed more than 580,000 individual truck driver records and identified more than 25 different violations and convictions that increased the like...
IT’S ELECTION TIME AND JUDGES ARE ON THE BALLOT—WHAT IS THE PROCESS?
Many of us just received our early ballots, and numerous judges are listed, three Arizona Supreme Court Justices and twelve judges on the Pima County Superior Court—the trial bench. The Maricopa County ballot includes some 47 judges on their trial bench. What are we voting for, or against? In ...
Torts: Insurance Bad Faith Defenses of Waiver & Mitigation of Damages
Torts: Insurance Bad Faith Defenses of Waiver & Mitigation of Damages Cavallo v. Phoenix Health Plans, Inc., No. CV-21-0051-PR (October 20, 2022) (J. King) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2022/CV210051PR.pdf WAIVER IS GENERALLY NOT A DEFENSE TO THE TORT OF INSURANCE BAD ...
Torts: Standard of Care of Operator of Emergency Vehicle
Torts: Standard of Care of Operator of Emergency Vehicle Jennings v. Agne, No. 1 CA-SA 22-0090 (App. Div. I, October 20, 2022) (J.Perkins) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2022/1%20CA-SA%2022-0090%20JENNINGS%20et%20al%20v.%20HON%20AGNE.pdf OPERATOR OF EMERGENCY VEHICLE USING...
Torts: Accrual Date of Workers Compensation Bad Faith Claim
Torts: Accrual Date of Workers Compensation Bad Faith Claim France v. Arizona Counties Insurance Pool, No. 2 CQ-CV2022-0024 (App. Div. II, October 21,2022) (J.Vasquez) https://www.appeals2.az.gov/decisions/CV20220024Opinion.pdf WORKERS COMPENSATION BAD FAITH ACTION ACCRUES WHEN INSURER DENIES C...
Arbitration Award Binding/Attorneys’ Fees
Arbitration Award Binding/Attorneys' Fees McGill v. Ball, No. 1 CA-CV 21-0580 (App. Div. I, October 11, 2022) (J. Paton) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2022/1%20CA-CV%2021-0580%20McGill.pdf ARBITRATION AWARD FOLLOWING ARBITRATION IN CONTRAST TO MEDIATION IS BINDING/ATTORNE...
Workers’ Compensation: Compensable Injury Doing Personal Errand on Customer’s Property
Workers' Compensation: Compensable Injury Doing Personal Errand on Customer's Property CRST Int'l v. Industrial Comm'n, No. 1 CA-CIC 210049 (App. Div. I, October 6, 2022) (J. Thumma) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2022/IC21-0049%20-%20CRST%20OP.pdf EMPLOYEE INJURED ON CUST...
Torts: Wrongful Death Statutory Plaintiffs’ & Beneficiaries’ Rights & Obligations
Torts: Wrongful Death Statutory Plaintiffs' & Beneficiaries' Rights & Obligations Estate of Brady v. Tempe Life Care Village, Inc., No. 1 CA-CV 21-0339 (App. Div. I, October 4, 2022) (J. Thumma) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2022/CV21-0339%20Brady%20OP.pdf WRONGFUL DEATH ...
Insurance: “Actual Cash Value” & Depreciation
Insurance: “Actual Cash Value” & Depreciation Walker v. Auto-Owners Ins. Co., No. Cv-21-0236-CQ (September 27, 2022) (j. King) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2022/CV210236CQ.pdf HOMEOWNER'S POLICY THAT ALLOWS FOR DEPRECIATION IN CALCULATING “ACTUAL CASH VALUE” ALLOWS F...
Contracts: Disclaimer and Waiver of Implied Warranty of Workmanship & Habitability
Contracts: Disclaimer and Waiver of Implied Warranty of Workmanship & Habitability Zambrano v. M&RC II LLC, No. CV-21-0205-PR (September 28, 2022) (J. Timmer) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2022/CV210205PR.pdf WAIVER AND DISCLAIMER OF IMPLIED WARRANTY OF HABITABILITY &...
Due Process—Tribe’s Right to Notice of Parental Termination
Indian Tribe has a right to notice or intervention in a voluntary parental termination proceeding
Finding the Right Lawyer to Fit Your Needs
When you or a loved one experiences a serious injury or must face an unthinkable tragedy that requires a personal injury attorney, the process can seem overwhelming, especially when you're already dealing with so much. Anyone who has been seriously injured in an accident or worse needs the hel...
Jurisdiction of Superior Court In Face of Binding Arbitration Clause in Contract
Superior Court must first decided if binding arbitration clause applies and when it does apply the court has no jurisdiction to decide case on merits
Legislative Privilege
Legislative privilege protects against public records disclosure pertaining to legislature conducting any activities within the jurisdiction of the court including election audits
Torts/Discovery: Punitive Damage Evidentiary Threshold Required to Discover Financial Worth of Defendant
Punitive Damages in Negligence Case Requires Proof Defendant Knew or Intentionally Disregarded Substantial Risk of Significant Harm/Defendant Must have Actually Appreciated Severity of Risk Before Consciously Disregarding it
Disciplinary Proceedings: Offensive Issue Preclusion
Offensive Issue Preclusion Not Allowed IN Arizona Disciplinary Proceeding
How Do I Know What Insurance Coverage I Have? Things to Know About Your Insurance Policy If You Are In a Car Accident
To make the best decisions about other types of auto insurance coverage needed and what amounts, you’ll want to understand what’s covered, what’s not covered and what’s optional, as state-required minimums may not cover the costs and complexities of a serious accident.
Dry Shampoo + Heat = Explosion
If you or someone you know keeps dry shampoo in their bag or in their car, be cautious. That innocent looking bottle of shampoo may require a little extra care so it doesn't cause a serious accident.
Governmental Liability: Notice of Claim
Placing deadline for acceptance of settlement demand in notice of claim that is less than 60 days does not invalidate notice
Monsoon Season: Who is at Fault for Hydroplaning?
Even states as dry as Arizona can face extreme rains and dangerously wet roadways. But what exactly is hydroplaning, and who is at fault in a car accident resulting from hydroplaning?