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Pritchard v. State3/5/1990
JURISDICTION
Plaintiff was shot and seriously wounded during an armed burglary at plaintiff's home. He filed an action against the state alleging that the state was liable to him by reason of negligent supervision of the burglar, who was on parole. The state moved to dismiss on various grounds. The trial court granted the motion to dismiss and a divided court of appeals affirmed on the ground that plaintiff had failed to file a claim against the state within the twelve-month period prescribed by A.R.S. § 12-821. We granted review pursuant to Rule 23, Ariz. R. Civ. App. P., 17B A.R.S. and have jurisdiction pursuant to Ariz. Const. Art. 6, § 5(3).
ISSUES
We are presented with two issues:
1. Whether filing a claim with the state pursuant to A.R.S. § 12-821 is a jurisdictional prerequisite to filing a suit against the state.
2. Whether a factual determination of excusable neglect or incompetence under A.R.S. § 12-821 is a matter for the court or the jury.
FACTS AND PROCEDURAL HISTORY
On the morning of January 11, 1985, Dennis Paul Eddy, also known as Bobby L. Beason, committed a burglary at the residence of the plaintiff, James Pritchard. In the course of that burglary, Eddy shot plaintiff in the stomach. At the time, Eddy was in parole custody of the Arizona Department of Corrections.
Following his gunshot wound, plaintiff underwent three surgeries and extensive hospital and home care. He is still under-going medical treatment and incurring expenses from wound complications. His medical expenses are estimated at $50,000 and continue to rise. According to psychologist Dr. Terry Scritchlow, plaintiff also suffers from acute post-traumatic stress disorder as a result of the shooting.
In May 1986, plaintiff participated in the prosecution of his assailant in Coconino County Superior Court. Eddy was sentenced to prison for armed burglary and aggravated assault. After sentencing, plaintiff discussed his medical bills and other problems with prosecuting attorney Fred Newton. Newton suggested that plaintiff might have a cause of action against the state for his injuries and damages. On December 12, 1986, plaintiff and his wife consulted an attorney regarding a civil claim against the state. Four days later, a claim was delivered to the attorney general. On January 9, 1987, the last day before the expiration of the statute of limitations, plaintiffs filed a complaint in superior court alleging that defendants failed to properly supervise parolee Eddy or to revoke his parole and incarcerate him.
The state filed a motion to dismiss based on both Rule 12(b)(1) (lack of subject matter jurisdiction) and Rule 12(b)(6) (failure to state a claim). The state argued that plaintiff's claim was not timely because it was not presented within the twelve months after the cause of action accrued as specified by A.R.S. § 12-821. The state also argued that plaintiff failed to state a sum certain in his complaint and that the complaint was premature because the state had not denied the claim prior to the filing of the suit.
In response to the timeliness aspect of the motion to dismiss, plaintiff contended that he was incompetent within the meaning of § 12-821(B) until sometime in 1986, thus making timely the filing of his claim
in December 1986. In the alternative, he argued that his failure to file was excusable neglect under the circumstances.
Page 1 2 3 4 5 6 7 Arizona Personal Injury Attorneys
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