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 […]
Employee Assigned To Work Out Of Town Is In Course Of Employment When Traveling To And From Restaurant
McCloud v. Kimbro
Ct. Appeals, Div. Two, March 23, 2010
Authored by the JSH Appellate Team
A Phoenix DPS officer was assigned to work in the Douglas area, where he was […]
Court Addresses Circumstances When A Motion To Dismiss Must Be Treated As A Motion For Summary Judgement
Strategic Development and Construction v. 7th & Roosevelt Partners, LLC
Ct. Appeals, Div. One, March 18, 2010
Authored by the JSH Appellate Team
7th and Roosevelt (“Partners”) owns commercial property it […]
Doctor Who Volunteers Standard Care Testimony Must Meet Expert Disclosure Requirements, The Violation Of Which Can Lead To Mistrial And Sanctions
Solimeno v. Yonan et. al.
Ct. Appeals, Div. One, March 18, 2010
Authored by the JSH Appellate Team
Dr. Yonan treated patient for breathing difficulties. The patient later died of a […]
Late Filing Of Cost Bond Does Not Invalidate Arbitration Appeal
Riendeau v. Wal-Mart Stores, Inc.
Ct. Appeals, Div. One, February 25, 2010
Authored by the JSH Appellate Team
Mr. and Mrs. Riendeau sued Wal-Mart for injuries arising out of a slip […]