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...
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...
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...
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...
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, 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...
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...
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...
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...
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...
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...
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...
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 ...
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...
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...
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 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...
Western Millwork v. Industrial Comm'n, No. 1CA-IC 22-0038 (App. Div. I, September 21, 2023) (J. Catlett) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/IC%2022-0038%20Zerby.pdf DEATH OR INJURY FROM COVID-19 TRACEABLE TO INTERACTIONS WITH AN INFECTED COWORKER WHILE ON DUTY IS COMPENSAB...
Bariatric surgery to combat obesity is performed over 250,000 times a year in the U.S. The results are often successful, but the surgery carries with it numerous potential complications, including infection, diet limitations, and hernia. However, another complication is also possible—Warneke's ...
Roebuck v. Mayo Clinic, No. 1 CA-CV 22-0508 (App. Div. I, September 19, 2023) (J. Cruz) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-CV%2022-0508%20-%20Roebuck%20final%20OP.pdfARTICLE 18 § 6 OF ARIZONA BARS LEGISLATURE FROM ELIMINATING SIMPLE NEGLIGENCE IN MEDICAL MALPRACTICE ...
North Shore Condominium Ass'n v. Wan-Tsing Kwang, No. 1 CA-CV 22-0641 (App. Div. I, September 14, 2023) (J. Campbell) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/CV%2022-0641%20North%20Shore%20OP.pdfARBITRATION AWARD ADDING FEES AND COSTS TO AMOUNT AWARDED IN “NOTICE OF DECISION” I...
Cocchia v. Testa, No. 1 CA-CV 22-0571 (App. Div. I, September 12, 2023) (J. Catlett) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/CV%2022-0571%20Cocchia.pdf DEFENDANT CAN RAISE LACK OF PERSONAL JURISDICTION IN STATE WHERE JUDGMENT IS OBTAINED OR IN THE STATE WHERE ENFORCEMENT OF THE...
Campion v. City of Tucson, No. 2 CA-CV 2022-0046 (App. Div. II, September 11, 2023) (J. Eppich) https://www.appeals2.az.gov/decisions/CV20220046Opinion.pdf A.R.S. § 12-820.03(A) GIVES TRIAL COURT DISCRETION TO BIFURCATE LIABILITY AND DAMAGE ISSUES FROM THE APPLICABILITY OF A GOVERNMENTAL IMMUNIT...
Tucson will host the world renowned El Tour de Tucson on November 18, 2023. This annual race is in its 40th year and welcomes over 7,500 riders in distances from 102 miles to a family fun ride of 1 mile. With the El Tour de Tucson drawing near, our streets are buzzing with an increasing number o...
This blog will be updated monthly to highlight legal knowledge that is beneficial for all of us to know and use when common situations arise in our everyday lives. Insurance *Homeowners insurance does not just protect you in the event that your home and/or personal property are damaged. It also...
