Arizona Personal Injury Case Law Please find, below, selected case laws decided by Supreme Court of Arizona or Court of Appeals of Arizona where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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C.B. v. Sabalos - 6/13/2000
RELIEF GRANTED
Petitioners in these three consolidated special actions challenge the respondent judge's order compelling disclosure of redacted mental health records of certain non-party patients in the underlying medical...
Andress v. City of Chandler - 6/13/2000
AFFIRMED
Suzanne and Robert Andress sued a public entity and a public employee for negligence. Because their damages were less than $50,000, the matter was subject to arbitration. See Ariz. Rev. Stat. Ann. ("A.R.S.") § 12-133...
Desert Golf Cars v. Yamaha Motor Co. - 6/8/2000
Amended by Order
filed 6-13-00
Desert Golf Cars ("Desert Golf") appeals the trial court's grant of a directed verdict to Yamaha Motor Company ("Yamaha"). Yamaha cross-appeals the trial court's award of costs. For the...
Kaibab Industries v. The Industrial Commission of Arizona - 5/16/2000
This is a special-action review of an Industrial Commission award and decision upon review reopening a 1995 backinjury claim of Kim Sinks. The issue raised is the application of the Arizona successive-injury doctrine to an...
Panzino v. City of Phoenix - 5/10/2000
Appeal from the Superior Court of Arizona in Maricopa County The Honorable Frank T. Galati, Judge JUDGMENT IN CV 93-16143 REVERSED AND REMANDED JUDGMENT IN CV 95-00773 AFFIRMED
Opinion of the Court of Appeals Division One 195...
Hislop v. Saltriver project Agricultural Improvement and Power District - 5/2/2000
AFFIRMED
In this appeal we are asked to expand the category of claimants who can recover damages for emotional distress caused by witnessing harm to another. Specifically, appellants request that they be permitted to pursue a...
Rollin v. Frankel - 3/23/2000
AFFIRMED
In this putative class action, plaintiffs/appellants Lawrence S. Rollin and J. William and Barbara Mandelbaum appeal from the trial court's order dismissing their complaint against defendants/appellees William V....
Yauch v. Southern Pacific Transportation Co. - 2/29/2000
REVERSED AND REMANDED
In this personal injury action filed under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51 through 60, defendant/appellant Southern Pacific Transportation Company (SP) appeals from a...
Larsen v. Decker - 2/17/2000
Karen H. Larsen appeals from the judgment awarding her damages resulting from an automobile accident and from the trial court's denial of her motion for new trial. She contends that the court erred in excluding some of her medical...
Stout v. State Compensation Fund - 2/8/2000
AFFIRMED IN PART; REVERSED IN PART
This appeal presents several issues relating to the lien rights of a workers' compensation carrier. Specifically, we are asked to decide whether equitable apportionment applies when a...
Anderson v. Nissei ASB Machine Co. - 12/23/1999
AFFIRMED IN PART; REVERSED IN PART
In this products liability case, the jury found Nissei ASB Machine Company and Nissei ASB Company ("Nissei") liable for manufacturing a defective machine that caused Patrick Anderson to lose...
Cronin v. Sheldon - 12/17/1999
Special Action from the Superior Court in Maricopa County The Honorable Steven D. Sheldon, Judge (Cronin) The Honorable John H. Seidel, Judge (Finley)
JURISDICTION ACCEPTED; RELIEF DENIED
Petitioners Janette Cronin...
Rural Metro Corp. v. Industrial Commission of Arizona - 11/30/1999
AWARD AFFIRMED
In this statutory special action, petitioner/employer Rural Metro Corp. and petitioner/carrier Reliance Insurance Co. challenge the Administrative Law Judge's (ALJ) award finding respondent/employee Martha...
Pima County v. Hogan - 11/30/1999
AFFIRMED
Pima County (the County) appeals the trial court's order denying its request for sanctions against appellee Jerome Hogan under Rule 68, Ariz. R. Civ. P., 16 A.R.S., after a bench trial in this eminent domain action....
Wiggs v. City of Phoenix - 9/21/1999
REVERSED
This appeal arises out of a wrongful death action brought by the mother of Shonna Wiggs, the deceased. Prior to trial, defendant City of Phoenix designated Arizona Public Service (APS) as a non-party at fault. At...
Paradigm Insurance Company v. The Langerman Law Offices - 8/31/1999
AFFIRMED IN PART; REVERSED IN PART; REMANDED
In this appeal, we must decide whether an attorney-client relationship can be created between an insurer and the attorney it hires to represent its insured. We hold that one can be...
Unique Equipment Co. - 8/31/1999
AFFIRMED
In this appeal from the trial court's dismissal of Unique Equipment Co., Inc.'s third-party complaint against TRW Vehicle Safety Systems, Inc., we resolve two questions of first impression. When an employer has...
Monaco v. Healthpartners of Southern Arizona - 6/29/1999
AFFIRMED
Appellants HealthPartners of Southern Arizona, doing business as Tucson Medical Center (TMC), and Lalitha Ramanna, M.D., raise three issues in their appeal from a jury verdict and judgment in favor of appellees James...
Greenwald v. Ford Motor Co. - 5/27/1999
AFFIRMED
Appellant Ford Motor Company (Ford) appeals from the trial court's denial of sanctions under Ariz. R. Civ. P. 68 (Rule 68). We have jurisdiction pursuant to Ariz. Rev. Stat. Ann. (A.R.S.) § 12-2101 (B) and affirm,...
Cunningham v. Goettl Air Conditioning Inc. - 5/19/1999
Appeal from the Superior Court of Maricopa County The Honorable Elizabeth A. Stover, Judge AFFIRMED IN PART; REVERSED IN PART
Opinion of the Court of Appeals, Division One 254 Ariz. Adv. Rep. 16, Ariz., P.2d (App. 1997) VACATED...
GRE Insurance Group v. Green - 5/18/1999
REVERSED AND REMANDED
In this appeal, we consider whether one injured party in an automobile accident may recover twice the insurance policy's per-person limit for one accident where he has obtained judgments against the...
Martin v. Reinstein - 5/13/1999
In this special action, Petitioners challenge the constitutionality of Arizona's Sexually Violent Persons Act, Arizona Revised Statutes Annotated ("A.R.S.") sections 36-3701 through -3716 (Supp. 1998). On October 14, 1998, we heard...
Harvest v. Craig - 5/11/1999
REVERSED AND REMANDED
Doris Harvest and her boyfriend, Reginald Moore, ("appellants") filed a complaint for wrongful death based on medical malpractice against Dr. Michael Craig, his wife, and Medical Environments, Inc.,...
Garcia v. General Motors Corp. - 5/6/1999
REVERSED AND REMANDED
Defendant General Motors Corporation appeals from an adverse jury verdict arising from a single-car rollover accident in Idaho. General Motors claims that the trial court erred in applying Idaho law,...
Boomer v. Frank - 3/18/1999
REVERSED AND REMANDED
The principal issue presented by this appeal is whether a licensed driver accompanying a driver with only a learner's permit has a duty to exercise reasonable care. The trial court decided that he does...
Goodman v. Samaritan Health System - 3/16/1999
AFFIRMED
Herbert D. Goodman, M.D., sued Samaritan Health System, d/b/a Maryvale Samaritan Hospital, alleging claims of negligent peer review and malicious prosecution. The trial court granted summary judgment in favor of...
Panzino v. City of Phoenix - 3/11/1999
JUDGMENT IN CV 93-16143 AFFIRMED
JUDGMENT IN CV 95-00773 REVERSED AND REMANDED
Attorney David Appleton so neglected the personal injury claims of his client Laura Panzino that the trial court dismissed them for lack of...
Clouse v. State - 12/15/1998
AFFIRMED
A criminal was released due to alleged negligence by officers of the Department of Public Safety ("DPS") and the Maricopa County Sheriff's Office ("MCSO"), and he then victimized the Plaintiffs, who sued the officers...
Kuhn v. St. Joseph''s Hospital and Medical Center - 12/10/1998
AFFIRMED
Lydia Kuhn appeals from the judgment on a jury verdict in favor of Mercy Healthcare Arizona, Inc., doing business as St. Joseph's Hospital and Medical Center, in her medical malpractice action against Mercy, and from...
Duarte v. State of Arizona - 11/25/1998
Appellants Raymond Sidoma and Felix Duarte were assigned to a work detail at an Arizona state prison and were injured when they fell from a scaffolding that prison officials had directed them to climb as part of their work. They...
Western Agricultural Insurance Co. v. Brown - 11/10/1998
DEPARTMENT D
Appeal from the Superior Court in Mohave County
Cause No. 95-CV-404
The Honorable Leonard C. Langford, Judge
AFFIRMED
Dr. Michael Kogianes shot his wife and her companion a total of nine...
Schwartz v. Arizona Primary Care Physicians - 8/20/1998
DEPARTMENT D
Amended per Order dated 9-3-98
Appeal from the Superior Court of Maricopa County
Cause No. CV 96-03240
The Honorable William J. Schafer, III, Judge
REVERSED AND REMANDED
Diane and Joel...
Labombard v. Samaritan Health System - 8/6/1998
DEPARTMENT A
Appeal from the Superior Court of Maricopa County
Cause No. CV 95-02753
The Honorable Rebecca A. Albrecht, Judge
AFFIRMED IN PART; REVERSED AND REMANDED IN PART
This appeal arises from an...
Ramirez v. Health Partners of Southern Arizona - 6/23/1998
AFFIRMED
This case presents issues of first impression concerning the scope and constitutionality of statutory qualified immunity provided under Arizona's version of the Uniform Anatomical Gift Act (the Act), A.R.S. §§ 36-841...
Speer v. Donfeld - 6/19/1998
SPECIAL ACTION PROCEEDING
RELIEF GRANTED
Petitioners challenge the respondent Judge's order revoking petitioner James A. Coulter's admission pro hac vice as counsel for petitioner Theresa Speer in her underlying medical...
Deloach v. Alfred - 6/9/1998
En Banc
Special Action from the Superior Court in Pima County The Honorable Michael Alfred, Judge
AFFIRMED
Opinion of the Court of Appeals, Division Two ___ Ariz. ____, 952 P.2d 320 (1997)
VACATED
We...
Santiago v. Industrial Commission of - 6/2/1998
AWARD SET ASIDE
This is a review of an Arizona Industrial Commission (Commission) award and decision upon review dismissing a rearrangement petition for lack of jurisdiction. The dispositive issue is whether the Commission's...
State Farm Mutual Automobile Insurance Co. v. Arrington - 5/26/1998
Although the Arringtons were fully compensated from the underinsured motorist ("UIM") coverages of their policies with State Farm Mutual Automobile Insurance Company for their damages suffered in a vehicle accident, they sought...
O''Day v. McDonnell Douglas Helicopter Co. - 5/26/1998
En Banc
United States District Court No. CV-91-777-PGR
Certified Questions from the United States District Court for the District of Arizona
The Honorable Paul G. Rosenblatt, Judge
QUESTIONS ANSWERED
The...
Ruiz v. Hull - 4/28/1998
REVERSED WITH DIRECTIONS
Opinion of the Court of Appeals, Division One, ___ Ariz. ___, ___ P.2d ___ (App. 1996)
VACATED
SUMMARY
This opinion addresses the constitutionality of Article XXVIII of the Arizona...
Hill v. Safford Unified School District - 12/30/1997
Honorable Dudley S. Welker, Judge
AFFIRMED
Following an argument at school, Safford High School student Scott Fast fatally shot Clint Hill, another student, after school at a location outside the city of Safford....
Thomas v. Kenneth - 12/18/1997
AFFIRMED
The Phoenix City Code imposes a duty upon the owner or lessee of land abutting a sidewalk to keep the sidewalk in repair. Does this duty extend to an unimproved sidewalk right-of-way where no sidewalk has been...
Cervantes v. Rijlaarsdam - 11/18/1997
Honorable James E. Don, Judge
AFFIRMED
In this personal injury case, which arises from a two-vehicle accident in February 1990, defendants/appellants Rijlaarsdam appeal from the judgment entered on the jury's verdict for...
Knauss v. DND Neffson Co. - 11/6/1997
Honorable Bernardo P. Velasco, Judge
AFFIRMED IN PART; REVERSED AND REMANDED IN PART
Gabroy, Rollman & Bossé, P.C.
This wrongful death action arose from the after-hours abduction of decedent, Ellen Marie Knauss,...
Moretto v. Samaritan Health System - 10/30/1997
VOSS, Judge
Plaintiff-Appellant Edward Moretto ("Moretto") appeals from summary judgment for Defendant-Appellee Samaritan Health System ("Samaritan"). Moretto had sought malpractice damages from Samaritan alleging that a physical...
Matter of Guardianship/Conservatorship of Denton - 9/25/1997
En Banc
SPECIAL ACTION
MOELLER, Justice
FACTS AND PROCEDURAL HISTORY
At the age of seventy-four, Frances Louise Denton ("Frances") suffered from a multitude of ailments, including coronary heart disease,...
Deloach v. Alfred - 9/23/1997
HOWARD, Judge.
Petitioners Kevin and Yvonne DeLoach, defendants in the underlying tort action that arose out of an automobile accident in Tennessee, seek special action review of the respondent trial court's denial of their...
Lane v. Terry H. Pillinger - 6/10/1997
THOMPSON, Presiding Judge
Shephard Lane (Lane) appeals from the trial court's grant of summary judgment in favor of Terry Pillinger (Pillinger). Lane filed an action for wrongful institution of civil proceedings against Pillinger...
Ohio Casualty Insurance Co. v. Henderson - 5/29/1997
En Banc
FELDMAN, Justice
Ohio Casualty Insurance Company sought review of a court of appeals' opinion holding the "expected or intended" injury exclusion in a homeowner's insurance policy did not apply when the insured,...
Dugan v. Fujitsu Business Communications Systems Inc. - 3/18/1997
WEISBERG, Judge
Joseph Dugan, individually and as guardian of his wife, Sarah Dugan, and their four adult children, Margaret Dugan Radovanovich, Diane Dugan Roche, Lynne Dugan, and Brian Dugan (plaintiffs) appeal the trial...
Barnes v. Sandoz Crop Protection Corp. - 3/14/1997
DRUKE, Chief Judge.
Robert and Janice Barnes, doing business as Bob Barnes Farms ("the farm"), sued Sandoz Crop Protection Corporation to recover for damage to its cotton crop allegedly caused by use of Zorial, an herbicide...
Leavy v. Parsell - 3/6/1997
En Banc
FELDMAN, Justice
Andrew Leavy sought review of a court of appeals' decision affirming the trial court's order denying his motions for new trial. See Leavy v. Parsell, No. 1 CA-CV 95-0234, filed March 12, 1996...
Madden-Tyler v. Maricopa County - 3/6/1997
RYAN, Judge
Congress did not enact specific statutes of limitations for claims brought under § 1983 of the Civil Rights Act, § 504 of the Rehabilitation Act, or Title II of the Americans with Disabilities Act. Instead, the time...
Estes v. Tripson - 2/25/1997
FIDEL, Presiding Judge
This personal injury suit arises from an accidental injury in a company softball game. Plaintiff Terrilyn Estes was catching for one team; Defendant Ronald Tripson was running the bases for the other; as...
Doe v. Miles - 2/18/1997
PELANDER, Presiding Judge.
In these consolidated actions, plaintiffs/appellants Jane Doe and her son, A. Doe, contend the trial court erred in granting summary judgment for defendants/appellees on statute of limitations grounds....
Voland v. Farmers Insurance Co. - 2/11/1997
PELANDER, Presiding Judge.
This case presents an issue of first impression in Arizona: does the implied covenant of good faith and fair dealing require an insurance carrier to pay undisputed portions of uninsured motorist (UM)...
Clark Equipment Co. v. Arizona Property and Casualty Insurance Guaranty Fund - 2/11/1997
WEISBERG, Judge
Appellant Arizona Property and Casualty Insurance Guaranty Fund (the Fund) appeals the trial court's judgment and award of costs and attorneys' fees entered in favor of Clark Equipment Company (Clark). We affirm. ...
Emergency Care Dynamics v. Superior Court - 2/4/1997
FIDEL, Presiding Judge
The rule of work-product immunity bars adversary discovery of a lawyer's mental impressions, Conclusions, opinions, and legal theories concerning a pending or impending case. But does the rule immunize a...
Pompa v. Superior Court - 1/30/1997
RYAN, Judge
The issue presented here is whether an appellant's failure to comply with Arizona Revised Statutes Annotated ("A.R.S.") section 13-2314(M)'s requirement of filing a copy of the notice of appeal and brief with the...
Barnes v. Sandoz Crop Protection Corp. - 1/29/1997
DRUKE, Chief Judge.
Robert and Janice Barnes, doing business as Bob Barnes Farms ("the farm"), sued Sandoz Crop Protection Corporation to recover for damage to its cotton crop allegedly caused by use of Zorial, an herbicide...
Zuern v. Ford Motor Co. - 12/19/1996
PELANDER, Presiding Judge.
In this product liability case against a motor vehicle manufacturer, plaintiffs/appellants obtained a jury verdict but they challenge two evidentiary rulings by the trial court. The first ruling...
Standard Chartered PLC v. Waterhouse - 11/7/1996
FIDEL, GARBARINO, and WEISBERG, Judges
The plaintiffs are Standard Chartered PLC, a British banking corporation, and two of its subsidiaries, Standard Chartered Bank and Standard Chartered Overseas Holdings, Ltd. (collectively...
Evans v. Albina Transfer Co. - 11/7/1996
GERBER, Judge
In this consolidated wrongful death case, plaintiffs Donald and Arlene Evans (Evans) and Alfred and Patsy Bears (Bears) appeal from a jury verdict in favor of defendants Albina Transfer Company, Inc. and driver...
Rosner v. Denim & Diamonds Inc. - 10/31/1996
F L O R E Z, Judge.
Appellant and his friends were patrons of appellee, a popular country western nightclub. An unidentified patron took exception to the way appellant was talking to his girlfriend and confronted appellant....
Duke v. Cochise County - 10/31/1996
ESPINOSA, Presiding Judge.
In this appeal, appellants Mary W. Duke and her daughter, Sylvia A. Joy, seek restoration of jury verdicts totaling $3,550,000 awarded against Cochise County, the Cochise County Sheriff's Department,...
Tellez v. Saban - 9/24/1996
TOCI, Judge
Arizona prohibits a rental car company from knowingly renting a car to an unlicensed driver. Ariz. Rev. Stat. Ann. ("A.R.S.") § 28-477(B) (1989). Dennis Saban and Saban's Rent-A-Car ("Sabans") violated the statute by...
Matter of Brady - 9/24/1996
En Banc
ORIGINAL PROCEEDING FOR DISCIPLINARY ACTION
FELDMAN, Chief Justice
The Disciplinary Commission of the Supreme Court of Arizona (Commission) adopted the recommendation of the hearing officer that Michael James...
Hatcher v. Hatcher - 8/29/1996
THOMPSON, Judge
Appellant Julia M. Hatcher (wife) seeks review of a dissolution decree awarding jointly-held real property to Appellee Marvin L. Hatcher (husband). Wife contends that the trial court erred in finding that the...
Fiore v. Collagen Corp. - 6/25/1996
TOCI, Judge
Plaintiffs Arlene and Richard Fiore ("Fiore") appeal from the summary judgment granted to Collagen Corporation ("Collagen Corporation") in Fiore's products liability action. Fiore sued Collagen Corporation for...
Matter of Appeal in Maricopa County - 6/18/1996
PATTERSON, Judge
This juvenile transfer case presents two issues to this court: First, whether sufficient evidence exists from which the juvenile court Judge could have concluded that transfer was appropriate; and second,...
Hernandez-Gomez v. Leonardo - 5/14/1996
En Banc
FELDMAN, Chief Justice.
Amparo Hernandez-Gomez (Plaintiff) was rendered quadriplegic on November 6, 1988, when the 1981 Volkswagen Rabbit in which Plaintiff was a passenger veered off the road and flipped over,...
Knoell v. Cerkvenik-Anderson Travel Inc. - 5/14/1996
En Banc
MARTONE, Justice.
This is a wrongful death action brought by parents against a travel agency for the death of their 18-year-old son in Mexico. The trial court dismissed the complaint for failure to state a claim...
Arizona Health Care Cost Containment System v. Bentley - 5/2/1996
LANKFORD, Judge
The Arizona Health Care Cost Containment System ("AHCCCS") appeals from summary judgment denying its claim for recovery of the costs of medical treatment for Jacqueline Bentley. AHCCCS also appeals from the...
Thompson v. Better-Bilt Aluminum Products Co. - 3/28/1996
THOMPSON, Judge
Plaintiffs Jason and Alia Thompson appeal the verdict in favor of defendant Better-Bilt Aluminum Products Company, Inc. (Better-Bilt). The central issues presented are whether the trial court erred in dismissing...
Stallings v. Spring Meadows Apartment Complex Limited Partnership - 3/26/1996
En Banc
CORCORAN, Justice (Retired)
David Stallings and Barbara Stallings (plaintiffs) appealed the trial court's grant of summary judgment for defendant, The Spring Meadows Apartment Complex Limited Partnership (Spring...
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