Division Two Addresses Accrual, Equitable Estoppel For Notice Of Claim Purposes
Little v. State of Arizona
Ct. Appeals, Div. Two, September 30, 2010
Authored by the JSH Appellate Team
Plaintiff Little sued the state for the wrongful death of her daughter, Shawntinice […]
To Be Protected By Qualified Immunity, Officers Are Not Required To Examine Arrestee’s Evidence That Warrant Was Quashed
Ochser v. Funk
Ct. Appeals, Div. One, September 28, 2010
Authored by the JSH Appellate Team
Maricopa County Sheriff’s deputies arrested Ochser on a child support warrant that, unbeknownst to the […]
Mandatory “Real Property” Venue Provision Does Not Apply To Cases Alleging Personal Injury Arising From The Use Of Real Property
Nielson v. Hicks
Ct. Appeals, Div. One, September 21, 2010
Authored by the JSH Appellate Team
The Nielsons were injured in a plane crash in St. Johns, Arizona, when the plane […]
“Excusable Neglect” Does Not Justify Rule 60(C) Relief From A Judgement Based On The Statute Of Limitations
Porter v. Spader
Ct. Appeals, Div. One, September 21, 2010
Authored by the JSH Appellate Team
Plaintiff filed a complaint six days before the limitations period was to expire. The […]
Estate Cannot Recover “Inherent Value Of Decedent’s Life” Under APSA
Estate of Mary Winn v. Plaza Healthcare, Inc.
Ct. Appeals, Div. One, August 10, 2010
Authored by the JSH Appellate Team
Mary Winn died in a nursing facility after residing there for […]
Default Notice Sent To Apartment Complex With No Apartment Number Does Not Satisfy Notice Requirement
Sandra Ruiz v. Marisela Lopez
Ct. Appeals, Div. One, August 3, 2010
Authored by the JSH Appellate Team
Ruiz sued Lopez for breach of contract, conversion, and fraud. The summons and […]
Contract Between General Employer And Special Employer Does Not Conclusively Establish Control Over Borrowed Employee
Tarron v. Bowen Machine & Fabricating, Inc.
Ariz. Supreme Court, August 3, 2010
Authored by the JSH Appellate Team
Plaintiff was injured as a result of the negligence of two borrowed employees […]
Commercial General Liability Policy Developer’s Expense In Repairing Damage From Soil Settlement, Even Absent A Lawsuit
Desert Mountain Properties Limited Partnership v. Liberty Mutual Fire Insurance
Ct. Appeals, Div. One, August 3, 2010
Authored by the JSH Appellate Team
Desert Mountain, a developer, contracted for the construction […]