HALL V. READ DEVELOPMENT, INC., 229 Ariz. 277, 274 P.3d 1211 (App. Div. 1 04/12/2012). Purchaser of previously-owned home brought action against home builder, alleging breach of implied warranty of habitability and related claims and seeking rescission of purchase. The…
Medical Expenses of Minors
Desela v. Prescott Unified School District, 226 Ariz. 387, 249 P.3d 767 (2011) Two months after 15-year-old Maddison sustained injuries, her mother assigned all claims for medical expenses and, within the year after she turned 18, Maddison’s estate filed suit.…
Burden of Proof
Benkendorf v. Advanced Cardiac Specialists Chartered, 2012 WL 208792 (2012) On appeal from a jury verdict for defendant in a medical malpractice action, Plaintiff argued that Defendant’s causation expert should have been precluded from opining regarding possible causes of Judy’s…
Acting in Concert
Chappell v. Wenholz, 226 Ariz. 309, 247 P.3d 192 (App. Div. 1 2011) After the trial court found that plaintiff could not prove which defendant had inflicted which injuries during a fight in a hotel parking lot and dismissed all…
Homeowner Not Liable for Fight at Party
Wickham v. Hopkins, 226 Ariz. 468, 250 P.3d 245 (App. Div. 1 2011) At a party Tricia Hopkins held while her parents were on vacation, Wickham got into a verbal confrontation with another partygoer that continued on the street after…
Diminished Value
Oliver v. Henry, 260 P.3d 314 (App. Div. 1 2011) On a claim for diminished value following a motor vehicle accident, the Court of Appeals held that Arizona law does not require the sale or transfer of a damaged vehicle…
Negligence – Duty of Care
DELCI V. GUTIERREZ TRUCKING COMPANY, 275 P.3d 632 (APP. DIV. 1 04/19/2012). Passenger and his mother, on behalf of deceased, driver brought action against owner of tractor trailer alleging that owner failed to secure tractor trailer, resulting in theft of…
Punitive Damages
ARPAIO V. FIGUEROA/BRAILLARD , 229 Ariz. 444, 276 P.3d 513 (APP. DIV. 2 04/30/2012). Inmate’s daughter brought negligence action against multiple defendants, including individual defendants, after inmate, a diabetic, died in medical center following time spent in jail without insulin,…
Statutory Medical Liens
PAIN MANAGEMENT CLINIC V. PREESE, 229 Ariz. 364, 275 P.3d 1284 (APP. DIV. 1 04/19/2012). Medical clinic brought action against patient for breach of contract, alleging that, after patient was unable to recover settlement from alleged tortfeasor in the auto…
Legislative Update – Effective August 2, 2012
HB 2154 – CHILD RESTRAINT SYSTEMS – AMENDING A.R.S. § 28-907. Requires automobile passengers that are five to seven years of age and who are not more than 4’9” to be restrained in a “child restraint system.” Further expands the…