Where Multiple Actors Contribute To Injury, Plaintiff Must Prove Only That Each Defendant’s Conduct Increased The Risk And Was A Substantial Contributing Factor
Carol Salica v. Tucson Heart Hospital.
Ct. Appeals, Division Two, May 27, 2010
Authored by the JSH Appellate Team
Plaintiff filed a wrongful death action arising from the death of her […]
Implied Consent For Child To Drive Car Exists Even Though Child’s Use Of Car Contravened Parent’s Instructions
Young v. Beck
Ct. Appeals, Div. One, May 20, 2010
Authored by the JSH Appellate Team
Jason Beck was driving a vehicle furnished by his parents when he was involved in […]
Recording A Telephone Conversation Offering Underinsured Motorist Coverage Does Not Satisfy “In Writing” Offer Requirement
Progressive Casualty Inc. Co. v. Ruiz
Ct. Appeals, Div. One, May 20, 2010
Authored by the JSH Appellate Team
Thompson called Progressive’s 1-800 number to purchase a $1 million auto insurance […]
Employee’s Duty Of Loyalty To Employer Does Not Preclude Employee From Preparing To Compete While Employed
Taser International, Inc. v. Ward
Ct. Appeals, Div. One, May 13, 2010
Authored by the JSH Appellate Team
Steve Ward worked for Taser International for 3-1/2 years as its Vice President […]
Jiffy Lube Did Not Owe Duty To Inspect Wear On Tires During Oil Change
Diaz v. Jiffy Lube
Ct. Appeals, Div. One, May 4, 2010
Authored by the JSH Appellate Team
Plaintiff took the family vehicle to Jiffy Lube to have the oil changed. Jiffy […]
Court Declines To Recognize Tort Of Negligent Third Party Spoliation Of Evidence
Lips v. Scottsdale Healthcare Corp.
Ariz. Supreme Court, May 3, 2010
Authored by the JSH Appellate Team
Spoliation is the destruction or material alteration of evidence. When spoliation is committed by […]
Parent Can Assign Claim For Child’s Medical Expenses To Child And Take Advantage Of Child’s Tolling Of Statute Of Limitations
DeSela v. Prescott Unified School Dist.
Ct. Appeals, Div. One, April 20, 2010
Authored by the JSH Appellate Team
In November 2004, a minor was injured when she fell off the […]
Allegation Of Plaintiff’s Comparative Fault Did Not Preclude Award To Plaintiff Of Pre-Judgement Interest
Precision Heavy Haul, Inc. v. Trail King Industries.
Ct. Appeals, Div. One, April 20, 2010
Authored by the JSH Appellate Team
Plaintiff alleged Defendant sold a defectively designed trailer, which failed, causing […]
Pre-Judgement Interest And Fees Are Included When Calculating Whether A Judgement Is More Favorable Than Arbitration Award
Aqua Management Inc. v. Abdeen
Ct. Appeals, Div. One, March 23, 2010
Authored by the JSH Appellate Team
Aqua Management sued the Abdeens for breach of contract. The case was referred […]
Commercial General Liability Policy Does Not Cover Claims Arising Out Of Criminal Acts
Wilshire Insurance Company v. S.A.
Ct. Appeals, Div. One, March 23, 2010
Authored by the JSH Appellate Team
The insured pled guilty to assaulting a 15-year-old. The minor sued the insured for […]