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Dugan v. Fujitsu Business Communications Systems Inc.3/18/1997
aim is tolled by A.R.S. section 12-502, then the time limit on their claims is similarly tolled. We disagree. The tolling effect of A.R.S. section 12-502 "is applicable only to the personal claims of those for whose benefit the statute was enacted." Sahf, 150 Ariz. at 56, 721 P.2d at 1183. Since these plaintiffs do not fall within the group of persons protected by A.R.S. section 12-502, their claims are not preserved by the statute.
In the alternative, Joseph and the children argue that their claims are not subject to automatic assignment and were therefore filed timely under A.R.S. section 12-542, the general statute of limitations for personal injury . This argument, however, was not raised before the trial court and has therefore been waived. Sahf, 150 Ariz. at 53, 721 P.2d at 1180. Accordingly, the decision of the trial court is affirmed as to these claims.
Conclusion
Both plaintiffs and defendant have asked for an award of costs on appeal. Pursuant to A.R.S. section 12-342, we order that defendant bear all costs on appeal related to Sarah's claims, and that Joseph and the children bear all costs on appeal related to their claims.
The decision of the trial court granting summary judgment to defendant is reversed as to Sarah's claims and affirmed as to all other claims. This case is remanded to the trial court for further proceedings consistent with this opinion.
Sheldon H. Weisberg, Judge
Concurring
Cecil B. Patterson, Jr.
Presiding Judge
Jefferson L. Lankford, Judge
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