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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Perkins v. Komarnyckyj - 8/6/1992
The issue presented in this medical malpractice action is whether the trial Judge's erroneous ex parte instructions to the jury require a new trial on damages alone or on both liability and damages. We granted review because of...
Lyphomed Inc. v. Superior Court - 3/19/1992
We accepted jurisdiction of this special action because it involves a question of the interpretation of a relatively new statute abolishing joint and several liability, and of how the rules of civil procedure relating to that statute...
In re Whitmer - 3/11/1992
JUDGMENT OF CENSURE
This matter having come on for hearing before the Disciplinary Commission of the Supreme Court of Arizona, it having duly rendered its decision and no timely appeal having been filed,
IT IS ORDERED,...
Smith v. Superior Court - 12/31/1991
KLEINSCHMIDT, Judge
In this case we hold that the statute which allows for the periodic payment of any judgment for loss of future economic benefits in medical malpractice cases is constitutional. The case arises out of the death...
Czarnecki v. Volkswagen of America - 12/31/1991
Plaintiff-appellant Thomas Czarnecki appeals from a jury verdict in favor of Volkswagen of America (VW) in his suit to recover for the paraplegia he sustained in an automobile collision. We address the following issues in this...
Lou Grubb Chevrolet v. Industrial Commission - 12/31/1991
This is a special action review of an Arizona Industrial Commission award for a compensable claim. The following issues are presented:
1. whether the Arizona Supreme Court erred in failing to interpret article XVIII, section 8...
Willett v. Ciszek-Olson - 12/24/1991
Marie Willett appeals from the judgment and the denial of her motion for a new trial following a jury verdict in her personal injury action. Appellee Debra Ciszek-Olson was found to be 67% responsible for Willett's total damages of...
Bledsoe v. Goodfarb - 12/19/1991
Both plaintiff, Joseph K. Bledsoe (Bledsoe), and defendant, Salt River Valley Water Users Association (the Association), bring special action petitions to challenge the trial court's partial grant of a motion for summary judgment in...
Heartfield v. Transit Management of Tucson Inc. - 12/17/1991
This appeal is taken from the trial court's granting of a defense motion for summary judgment in a personal injury case.
Appellant was a passenger on a Sun Tran bus in Tucson and was injured when the bus was struck by an...
Borquez v. Industrial Commission - 12/10/1991
This is a special action review of an Industrial Commission of Arizona award dismissing an untimely hearing request. Two issues are presented on review: (1) whether the administrative law judge erred by failing to excuse the...
Menendez v. Paddock Pool Construction Co. - 12/10/1991
FACTS
Appellant Luis Menendez was an employee and kitchen training supervisor for TGI Friday's, Inc. (TGIF). On the evening of June 29, 1985, TGIF hosted a private party at the La Casita recreational common area of the Dobson...
Miller v. Westcor Limited Partnership - 12/5/1991
We are faced with an issue not before raised in Arizona: Whether a landowner can be held liable for the acts of an independent contractor, when the independent contractor negligently conducts a fireworks display. We must also decide...
Dunn v. Industrial Commission - 11/29/1991
Petitioners appeal from the administrative law judge's award dismissing their claim for lack of jurisdiction. For the following reasons, we affirm.
FACTS AND PROCEDURAL HISTORY
Decedent James Dunn sustained an industrial...
Estate of Ruben A. Hernandez v. Arizona Board of Regents - 11/29/1991
This case presents the issues of the validity of A.R.S. § 4-312(B ) and the potential liability of members of a University of Arizona fraternity, the local fraternity chapter, its house corporation, the national fraternity, and the...
Cacho v. Superior Court - 11/19/1991
In this medical malpractice suit, the trial court granted real parties in interest's (defendants) request for change of venue pursuant to A.R.S. § 12-401. The Court of Appeals, Division One, declined jurisdiction of petitioners'...
Rourk v. the - 11/12/1991
The plaintiff, Rebel Lynn Rourk, was injured in an automobile accident when she was returning home from a teenage drinking party. She brought an action for negligent supervision against her foster parents and against the State of...
Potts v. Litt - 11/5/1991
Appellants Estelle and Seymour Litt challenge the amount of damages awarded to appellee Daisy Potts in her personal injury action, contending that the trial court failed to reduce her damages based on her comparative negligence. They...
Sheryll Nation v. Colla - 9/26/1991
In this appeal we must decide to what extent a caseworker for Child Protective Services (CPS) performing duties relating to the investigation and filing of a child dependency petition is entitled to absolute and/or qualified immunity....
Dejonghe v. Hutton - 9/24/1991
Defendants E.F. Hutton & Co., Inc. (E.F. Hutton), Shearson Lehman Hutton, Inc., John David Glasgow, and Laura Pendleton-Miller appeal from jury verdicts rendered in favor of plaintiffs Nina A. DeJonghe and Anne M. McDonough in...
Swichtenberg v. Brimer - 9/19/1991
[171 Ariz Page 78] Marvin R. Swichtenberg appeals from a judgment dismissing his negligence action against defendant Jack Brimer. The parties urge the following issues on appeal: (1) did Brimer's statements to his worker's...
Wyckoff v. Industrial Commission - 9/12/1991
This is a special action review of an Arizona Industrial Commission award terminating temporary benefits with a 20% scheduled disability compensated at 75% of the average monthly wage and denying reopening of the claim. Because the...
Potter v. Wisner - 9/12/1991
This is an appeal from a directed verdict in favor of the defendant in a medical malpractice case. The sole issue is whether the testimony of the defendant, H. Kern Wisner, M.D., was sufficient to establish the standard of care in...
H.B.H. v. State Farm Fire and Casualty Co. - 9/10/1991
The sole question raised in this appeal is whether the trial court improperly denied State Farm Fire and Casualty Company's motion to intervene. Both the denial of a motion to intervene and the judgment entered in the proposed...
In re A Member of State Bar of Arizona - 9/5/1991
Opinion
I. JURISDICTION
The Disciplinary Commission of the State of Arizona (Commission) recommended that Alex Abbott Gaynes (respondent) be disbarred from the practice of law, pay restitution
to his...
Avila v. Superior Court - 8/29/1991
Petitioner is the plaintiff in a personal injury suit that includes a claim for loss of earning capacity. The trial court has granted defendant's motion to compel plaintiff to be examined by a vocational rehabilitation specialist,...
Mulcahy v. Damron - 8/20/1991
Judith A. Mulcahy appeals from summary judgment granted in favor of Terry Damron and Marilyn Damron, husband and wife, on Mulcahy's claim under A.R.S. § 24-521 [renumbered § 11-1025], Arizona's dog bite statute, for personal...
Brooks v. Zahn - 8/20/1991
The primary issue on appeal is whether the trial court abused its discretion by denying appellants' motion for new trial, which alleged that a juror concealed her bias and prejudice on voir dire and introduced extraneous prejudicial...
Rogan v. Auto-Owners Insurance Co. - 8/13/1991
Auto-Owners Insurance Company (Auto-Owners) and LeBaron & Carroll, Inc. (LeBaron & Carroll) appeal from the trial court's judgment and jury verdicts in favor of the appellees. The appellees have filed a cross-appeal from the...
Samaritan Health Services v. Industrial Commission - 5/28/1991
The question presented here is whether an injury which occurs while one is engaged in a work-related function, but which results from the worker's physical condition and an activity which involves no strain greater than that which...
Martinez v. Industrial Commission - 5/28/1991
In this special action review of an Arizona Industrial Commission award, we consider the extent of a compensation carrier's lien against amounts recovered by an injured worker and his dependents from a third person who injured the...
Herman v. Sedor - 5/21/1991
The only issue presented in this case is whether there was any evidence to support the giving of a jury instruction. We agree with appellant that there was not and remand for a new trial.
This tragic case arises out of the...
Hoeller v. Riverside Resort Hotel - 5/21/1991
In this case, a Nevada casino is claimed to have negligently served alcohol to an obviously intoxicated Arizona resident who later caused an automobile accident in Arizona, injuring four other Arizona residents. This appeal presents...
Davis v. Cessna Aircraft Corp. - 5/16/1991
The plaintiffs appeal from the dismissal of their strict liability claim against The Cessna Aircraft Corporation. The trial court certified the dismissal under Rule 54(b), A.R.Civ.P. We hold that the dismissal order was not a final...
Broemmer v. Otto - 5/9/1991
This appeal involves an arbitration agreement between Melinda Broemmer and Abortion Services of Phoenix, Ltd. (ASP). The primary issue is whether the latter's standardized contract is an adhesion contract meeting the reasonable...
Estate of Debra Aten v. City of Tucson - 3/28/1991
[169 Ariz Page 147] In this appeal from the granting of summary judgment against it, appellant Estate
of Debra Aten argues that it raised a question of material fact on the issue of whether appellee City of Tucson's...
Dunlap v. City of Phoenix - 12/27/1990
Max Anderson Dunlap (Dunlap) appeals from the trial court's order granting the defendants-appellees' motion to dismiss his complaint on the grounds that his action is barred by the two-year statute of limitations. A.R.S. § ...
Hoskinson v. California - 12/13/1990
Opinion
Frank Jarvis Atwood, a California parolee, kidnapped, sexually abused, and murdered Vicki Lynne Hoskinson in Tucson in September 1984. He was convicted of his crimes and sentenced to death. Vicki Lynne's parents...
Orme School v. Reeves - 12/6/1990
Orme School (Orme) initiated an original special action proceeding in this court, claiming that the trial judge abused his discretion and acted without legal authority in denying its motion for summary judgment. We accepted...
St. Paul Property and Liability Insurance Co. v. Eymann - 8/23/1990
St. Paul Property and Liability Insurance Company (St. Paul) appeals from a judgment entered on a jury verdict determining that Bernard E. Eymann's homeowner's insurance policy provided Eymann with liability coverage for Stan...
Arizona Department of Revenue and Maricopa County v. Superior Court - 6/12/1990
Petitioners Arizona Department of Revenue and Maricopa County were defaulted when they failed to submit timely answers to property tax appeals filed in the Arizona Tax Court by taxpayers challenging their property valuations for 1989....
State v. Lucas - 6/7/1990
The supreme court has transferred its criminal appeal No. CR-87-0128 AP/PC to this court because our jurisdiction was expanded by the amendment of A.R.S. § 12-120.21 (Laws of 1989, ch. 58), which now includes life imprisonment...
Konichek v. Industrial Commission - 6/7/1990
In this special action for review of an Industrial Commission award, the petitioner contends the administrative law judge (ALJ) erred in failing to apply the unexplained death presumption and in deciding this case under A.R.S. § ...
Mutual Insurance Co. v. Bodnar - 5/31/1990
Thomas Bodnar, M.D., appeals from summary judgment in favor of his medical malpractice liability insurer, Mutual Insurance Company of Arizona (MICA). The trial court found that MICA had no duty to pay a $702,000 default judgment in...
Hartford Accident & Indemnity Co. v. Aetna Casualty & Surety Co. - 5/29/1990
I. JURISDICTION
Hartford Accident & Indemnity Company petitioned this court for transfer from the court of appeals pursuant to Rule 19(a)(1), 17B A.R.S. Civil Appellate Procedure
Rules, claiming that...
Pacific Western Construction Co. v. Industrial Commission - 5/17/1990
The employer and its insurance carrier appeal from the June 12, 1989 Industrial Commission award denying a compromise and settlement agreement entered into between a claimant and the carrier in 1980, while at the same time approving...
Shade v. United States Fidelity and Guaranty Co. - 5/10/1990
Michael and Priscilla Shade appeal from the trial court's order granting of summary judgment in favor of appellee, finding that coverage did not extend beyond the period set forth in the insurance policy issued to Douglas and Constance...
Jepson v. Cynthia Joanne New - 5/10/1990
John Flynn's personal injury action was dismissed for lack of prosecution after the trial court denied his motion to continue the case on the court's inactive calendar under Uniform Rule V(e), Ariz.Uni.R.P.Super.Ct., 17B A.R.S....
Mulhern v. City of Scottsdale - 5/10/1990
On February 14, 1986, Daniel Mulhern, Jr. was shot and killed by Hal Nevitt, a Scottsdale police officer on patrol duty. Plaintiffs filed a complaint for wrongful death, with additional counts by the parents of the deceased against...
Clearwater v. State Farm Mutual Automobile Insurance Co. - 5/1/1990
We granted review to examine the applicable standard of conduct in a third-party bad faith claim against an insurer for failure to accept a reasonable settlement offer within policy limits. We have jurisdiction pursuant to Ariz....
Hollingsworth v. City of Phoenix - 3/22/1990
We once again consider an appeal of a dismissal of an action against a public entity because the plaintiff allegedly did not comply with A.R.S. § 12-821.
The trial court concluded that the appellant Grant Hollingsworth...
St. Joseph ''S Hospital and Medical Center v. Superior Court of Arizona - 3/13/1990
Petitioners bring this special action challenging the order of the respondent trial judge denying their request for a medical liability review panel. We accept jurisdiction because the issue is of state-wide importance and has...
West Valley Camelback Hospital Inc. v. Superior Court of Arizona - 3/13/1990
In St. Joseph's Hosp. v. Superior Court, 164 Ariz. 454, 793 P.2d 1121 (Ct.App.1990), we held that House Bill 2123 did not apply retroactively to defeat a litigant's right to convene a medical liability review panel under...
In re A Member of State Bar of Arizona - 3/12/1990
I. JURISDICTION
The Disciplinary Commission of the Supreme Court of Arizona (Commission) recommends
that respondent RuthAnne Tarletz (Tarletz) be suspended and disbarred. We have jurisdiction pursuant to Ariz....
Pritchard v. State - 3/5/1990
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...
Kollasch v. Industrial Commission - 12/14/1989
This is a special action review of an Industrial Commission award terminating temporary benefits without permanent impairment related to the industrial injury. One legal issue is presented: whether acceptance of reopening for a...
Brown v. State Farm Mutual Automobile Insurance Co. - 12/14/1989
Elizabeth Brown (Brown), personal representative of the estate of Jennifer Michelle Goode (Jennifer), petitions us to review a court of appeals decision holding that the underinsured motorist (UIM) coverage in the policy sold to...
Dunn v. Carruth - 12/14/1989
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...
Dutton v. Industrial Commission - 12/12/1989
This is a special action review of an Industrial Commission award reclosing a claim. The issue is whether a determination of the claimant's lost earning capacity was correct. The administrative law judge concluded that the prior...
Pinetop Truck & Equipment Supply v. Industrial Commission - 6/27/1989
This is a special action review of an Industrial Commission award establishing the claimant's average monthly wage. The basic issue is whether a portion of the money paid to the claimant, a logger, was expense reimbursement and should...
Western Casualty & Surety Co. v. Hays - 6/20/1989
Appellants J.R. and Lois Hays and Hays Roofing & Supply, Inc. (Hays) appeal from a summary judgment entered in favor of appellee Western Casualty & Surety Company in its action seeking a declaratory judgment that it owes...
Ballesteros v. the - 5/18/1989
This is an appeal from a defense verdict in a personal injury case. The determinative issue is whether the trial court erred in refusing to instruct the jury on the duty of care imposed on the state in relation to its highways. We...
Rodriguez v. Schlittenhart - 5/9/1989
Plaintiffs/appellants Amos Rodriguez and others appeal from the trial court's denial of their motion for new trial following a jury verdict finding for defendants Hamilton Farms, Russell Schlittenhart, Electrical District No. 4...
Murphy v. Industrial Commission - 5/2/1989
I. JURISDICTION
Helen Murphy, as guardian ad litem for her husband Kenneth Murphy, filed a claim for workers' compensation benefits. The employer's insurance carrier denied her claim. After a hearing, the administrative law judge...
Petitioners for Deannexation v. City of Goodyear - 3/23/1989
The City of Goodyear (Goodyear) appeals from a judgment that permitted deannexation of a portion of Goodyear's city limits pursuant to 1986 Ariz.Sess.Laws ch. 45, § 4, as amended by 1986 Ariz.Sess.Laws ch. 414, § 1 (deannexation...
Taylor v. Fireman''s Fund Insurance Co. - 3/23/1989
Plaintiff/appellant William J.R. Taylor (Taylor), personal representative of the Estate of Sharon Faye Taylor, brought an action seeking damages for breach of an automobile insurance contract under which Ms. Taylor was the named...
Hults v. Pash - 3/23/1989
Aetna Casualty & Surety Company appeals from a judgment entered on a writ of garnishment for payment of a personal injury judgment taken by default against Elsie Pash, the driver and purchaser of an automobile described in an...
Brown v. State Farm Mutual Automobile Insurance Co. - 3/16/1989
This appeal arises from a dispute concerning the rights, duties, and status of the parties with respect to underinsured motorist coverage under two separate insurance policies.
Jennifer Goode died of the injuries she received...
Phoenix Control Systems Inc. v. Insurance Co. - 3/9/1989
This case raises the issue of an insurer's "duty to defend." Phoenix Control Systems, Inc. (Phoenix Control) appeals from summary judgment granted in favor of appellee, Insurance Company of North America (INA). The trial court found...
Baroldy v. Ortho Pharmaceutical Corp. - 3/22/1988
Defendant-appellant Ortho Pharmaceutical Corporation (Ortho) appeals from the judgment entered in favor of appellees Roberta Baroldy and Lee Baroldy (plaintiffs) after a jury awarded them $1,500,000 in this products liability suit. ...
Schwab v. Matley - 3/10/1988
[162 Ariz Page 46] This is an appeal from a motion to dismiss in a personal injury action involving a shooting that took place in a tavern in Yavapai County. Appellants allege that appellee, the owner of the tavern, was negligent in...
Barsema v. Susong - 3/10/1988
FELDMAN, Vice Chief Justice
James and Debra Barsema (plaintiffs) petition us to review a decision of the court of appeals. We granted review to determine whether A.R.S. § 12-569 can be constitutionally applied to limit the...
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