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Dunn v. Carruth12/14/1989
In these consolidated cases, we examine the effect of the state's motion for a venue change, pursuant to A.R.S. § 12-822(B). We hold that a motion under A.R.S. § 12-406 is not precluded in cases removed to Maricopa County pursuant to A.R.S. § 12-822(B). We have jurisdiction under Ariz. Const. art. 6, § 5(1).
Facts and Procedure
1. Dunn. Marilyn and Glen Bennett died in a car accident occurring in Cochise County. The driver of the other vehicle, Edward Kollar, also died in the accident. At the time of his death, Kollar resided in Pima County and was a part-time employee of the Arizona Department of Corrections. Petitioner Dunn, as statutory trustee for the Bennetts' beneficiaries, filed a wrongful death action in Pima County Superior Court, alleging that the state was vicariously liable for Kollar's negligence.
The state moved for a venue change to Maricopa County pursuant to A.R.S. § 12-822(B), which provides:
In an action against this state upon written demand of the attorney general, . . . the place of trial of any such action shall be changed to Maricopa County.
Petitioner responded, arguing that § 12-822(B) was unconstitutional. The trial court granted the state's motion. We accepted jurisdiction on petitioner's special action petition to this court because special action is an appropriate procedure for raising challenges to venue rulings. Ford Motor Co. v. Superior Court, 125 Ariz. 112, 608 P.2d 49 (App.1979).
2. Wyzykowski. Sally Wyzykowski suffered injuries when she slipped on a sewer grate at a Tucson street corner. She filed a complaint in Pima County Superior Court against the city and the state, alleging
negligent design, construction, repair, and maintenance of the curbing and drainage ditch at that location.
The state answered and moved for a venue change to Maricopa County, pursuant to § 12-822(B). Petitioner responded, arguing that § 12-822(B) was unconstitutional, but the trial court granted the state's motion. Petitioner, joined by the defendants other than the state, then moved for a venue change under § 12-406, which permits a venue change if "the convenience of witnesses and the ends of justice would be promoted by the change," or for "other good and sufficient cause, to be determined by the court." A.R.S. § 12-406(B)(2), (3). The trial court ultimately denied this motion.
Petitioner filed a special action petition with the court of appeals, but the court declined to accept jurisdiction. We granted petitioner's petition for review along with her motion to consolidate her case with Dunn.
Discussion
Petitioners argue that A.R.S. § 12-822(B) violates various provisions of the Arizona and United States Constitutions. In response, the state argues in favor of the statute's constitutionality, contending that the statute has a rational basis. See generally Bryant v. Continental Conveyor & Equip. Co., 156 Ariz. 193, 751 P.2d 509 (1988).
The Arizona Constitution authorizes the legislature to "direct by law in what manner and in what courts suits may be brought against the State." Ariz. Const. art. 4, pt. 2, § 18. We will assume that the phrase, "in what courts," empowers the legislature to prescribe venue, rather t
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