Automobile Accidents

• No Personal Jurisdiction Over Across-the-Border Bar That Overserves Patron Killing Arizona Pedestrian

  Geoff Trachtenberg | February 29, 2008 12:34 PM | 0 CommentsScottsdale, AZ

  Interesting and disappointing personal jurisdiction memo opinion from Division One, Womack v. KC Arena. In short, KC operates a bar on the Nevada side of the Arizona-Nevada border, over served a patron who then drove across the state line and killed an Arizona pedestrian. Moreover, plaintiffs asserted that KC employees knew the patron lived in Bullhead City and that he would return there after...

• Arizona Supreme Court Finds No Workers' Compensation Offset for Underinsured Motorist Coverage

  Geoff Trachtenberg | January 10, 2008 4:04 PM | 0 CommentsScottsdale, AZ

  Today the Arizona Supreme Court issued an opinion in Cundiff v. State Farm Mutual Automobile Ins. Co. which dealt with workers' compensation offsets in underinsured motorist (UIM) claims.Pima County Deputy Sheriff Jean Cundiff was injured by a third-party while on the job, in her patrol car. Although she was paid certain workers' compensation benefits, the third-party only carried $15,000 in...

• Supreme Scrooge: Arizona's Supreme Court Delivers a Serious Blow to Products Liability

  Geoff Trachtenberg | December 09, 2007 6:32 AM | 0 CommentsScottsdale, AZ

  Worried about lead in your toys this Christmas? You now have something else to worry about - if those toys harm or kill your children, your rights and remedies in the state of Arizona are under serious attack.This week, in State Farm Ins. Co. v. Premier Mfg. Sys. Inc., the Arizona Supreme Court held that, despite centuries-old common law "strict liability" in product liability cases, Arizona's...

• Phoenix Bans Texting While Driving

  Staff Writer | September 24, 2007 8:41 AM | 0 CommentsPhoenix, AZ

  Last week, Phoenix became the first city in the nation to ban text messaging while driving. Based on dangers associated with distracted driving, city officials concluded that the dangers of text messaging while driving outweigh any possible public benefits. For the next thirty days, police officers and other public officials will notify and educate drivers about the dangers of texting while...

• One Girl Dies, One Injured, After Falling into Mine Shaft

  Jenny Albano | September 02, 2007 6:25 PM | 0 CommentsPhoenix, AZ

  A 13 year-old girl and a 10 year-old girl fell into a mine shaft while riding on an All-Terrain Vehicle in Chloride, Arizona. The 13 year-old was pronounced dead and the 10 year-old had serious injuries when the girls were found on Sunday, September 2. The 10 year-old was transported to University Medical Center in Nevada and was reported to be in critical condition on Sunday afternoon.Seth...

• Several Injured in Four-Car Crash

  Chrissie Cole | August 28, 2007 10:21 PM | 0 CommentsTucson, AZ

  An early morning four- car accident, on Tuesday, sent several people to Yuma Regional Medical Center with non life-threatening injuries, according to Yuma Police Department.The car accident occurred east of the intersection of Arizona Avenue and 24th street. Yuma Fire Department and Rural/Metro Fire Department both responded to the scene. Officials are currently investigating the crash. At this...

• Officer Dies in Bush Motorcade Accident

  Jenny Albano | August 27, 2007 10:46 PM | 0 CommentsTucson, AZ

  A police officer died Monday, August 26, in a motorcycle accident that took place during President Bush's motorcade to the Albuquerque airport. Rio Rancho Officer Germaine Casey, 40, crashed at the Albuquerque airport at a point where a road enters an underground parking garageCasey was pronounced dead at a local Albuquerque hospital.According to Trish Hoffman, an Albuquerque Police Department...

• Court Permits Hospitals to Charge "Maximum Rates" to Those Who Can Least Afford It

  Geoff Trachtenberg | August 27, 2007 2:43 PM | 0 CommentsScottsdale, AZ

  Division One just handed down Banner Health v. Medical Savings Ins. Co., a terrible opinion which deals with whether a hospital can charge a patient and its "non-network insurer" full billed amounts historically paid by only two percent of all patients. The answer, for now, is yes in a two-to-one decision.Incidentally, by "non-network insurer," I mean to refer to an insurer who has no agreement...

• Court Holds Offer of Judgment Sanctions Include All Reasonable Expert Fees

  Geoff Trachtenberg | June 19, 2007 5:18 PM | 0 CommentsScottsdale, AZ

  Division One handed down Levy v. Alfaro today which holds that Rule 68 sanctions include all reasonable expert witness fees after the offer, not just those fees for testifying at trial. The decision is no surprise to those of us who regulaly try cases, but I suppose it is good to have it "clarified."

• Judicial Officers are Subject to the "De Facto Officer" Doctrine and Failure to Object to the Appointment of a Judge Pro Tempore is a Procedural Defect That Can Be Waived

  Geoff Trachtenberg | June 08, 2007 8:49 AM | 0 CommentsScottsdale, AZ

  Division One just handed down Garner v. Schindler, a short and sweet opinion on the nature of judges pro tempore (I am a judge pro tempore, by the way). In sum, the appellant had a probate dispute litigated before a judge pro tempore and, after the case was over, decided to raise (for the first time) hyper-technical defects in the judge's appointment.The Court of Appeals, awknoweldged that...