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 […]
Economic Loss Doctrine Applies To Prevent Tort Damages In Construction Defect Cases
Flagstaff Affordable Housing Ltd. Partnership v. Design Alliance, Inc.
Supreme Court, February 12, 2010
Authored By The JSH Appellate Team
The “economic loss doctrine” refers to the common law rule that limits […]
Industrial Commission Must File Award With Court Clerk To Preserve 8-Year Lien Right
Industrial Commission v. Tommy Wood dba Pacific Mechanical Service
Supreme Court, February 8, 2010
Authored By The JSH Appellate Team
Robert Ruehrmund was injured in Defendant’s employ on August 2, 1991. He elected to […]
“Interruption Of Business” Term In Insurance Policy Can Include Decreased Patronage
Aztar Corporation v. U.S. Fire
Ct. Appeals, Div. One, January 28, 2010
Authored By The JSH Appellate Team
This appeal addressed a coverage dispute regarding whether insurance benefits are provided for […]
No Evidence That Time Physician Is Liable For Aiding And Abetting Insurer’s Alleged Bad Faith
Federico v. Maric
Ct. Appeals, Div. One, January 28, 2010
Authored By The JSH Appellate Team
In April 2005, Plaintiff suffered a back injury at work. He received brief treatment at MBI […]
Plaintiff Who Fails To Participate In Arbitration Waives Right To Appeal Award
Romer-Pollis v. Ada
Ct. Appeals, Div. One, December 24, 2009
Authored By The JSH Appellate Team
Plaintiff was involved in an auto accident. The suit against Defendant was referred to arbitration. […]