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...
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...
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 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 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 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 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 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 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 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 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 &...
Indian Tribe has a right to notice or intervention in a voluntary parental termination proceeding
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...
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 protects against public records disclosure pertaining to legislature conducting any activities within the jurisdiction of the court including election audits
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
Offensive Issue Preclusion Not Allowed IN Arizona Disciplinary Proceeding
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.
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.
Placing deadline for acceptance of settlement demand in notice of claim that is less than 60 days does not invalidate notice
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?
Multiple treating physicians testifying regarding the standard of care in medical negligence case does not violate one expert rule/physician dismissed on summary judgment not indispensable party on cross-appeal of denial of motion to designate said physician as nonparty at fault/failure to disclose treating physician’s expected testimony regarding standard of care requires new trial.
Remember to stop when children are boarding and exiting a school bus! With school buses in and out of neighborhoods throughout the year, drivers should expect to wait when the bus's stop sign arm is extended while children are boarding and exiting the bus. That seems an obvious point, but Arizon...
Yesterday, Arizona's top law enforcement official declared that a century old statute criminalizing all abortion access, except where necessary to save the life of the woman, is the law in Arizona. This approach contradicts Governor Doug Ducey's statements that a newly passed bill allowing abor...
Adult Protective Services Act provides private right of action to vulnerable adults who suffer injury or death from neglect, abuse & exploitation & though doctors are not liable under statue, hospital where doctors provided care are in “enterprise” with doctors and potentially can be under the statue
