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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Jeter v. Mayo Clinic Arizona - 10/27/2005
Belinda and William Jeter ("the Jeters") appeal from the dismissal of their lawsuit against the Mayo Clinic Arizona doing business as Mayo Clinic Scottsdale and/or the Center for Reproductive Medicine ("Mayo"). The Jeters sued Mayo...

Arizona Minority Coalition For Fair Redistricting v. Arizona Independent Redistricting Commission - 10/21/2005
In November 2000, Arizona voters approved Proposition 106, which amended the Arizona Constitution and transferred the power to redraw lines for both legislative and congressional districts from the state legislature to the Arizona...

Harrington v. Pulte Home Corp. - 9/27/2005
REVERSED AND REMANDED This case requires us to determine when an arbitration clause in a contract of adhesion may be enforced. The trial court refused to enforce the clause here. Because we find that the arbitration clause in...

Wertheim v. Pima County - 8/31/2005
Sarah Wertheim, the widow of Carter Wertheim and the personal representative of his estate, brought this wrongful death action against Pima County and Pima County Sheriff Clarence Dupnik (collectively, the County) and the City of...

Romero v. Southwest Ambulance - 8/31/2005
After a twelve-day trial, a jury found defendants Southwest Ambulance and Rural/Metro Corporation, the City of Tucson, the Tucson Fire Department, the Tucson Police Department, and various individual employees of each...

Rowland v. Kellogg Brown and Root - 6/20/2005
Appellant James Rowland contends the trial court erred by granting summary judgment in favor of appellee Kellogg, Brown and Root, Inc., and dismissing Rowland's personal injury action on the ground that the applicable limitations...

Ziemak v. Schnakenberg - 5/31/2005
Plaintiff/appellant Susan Ziemak appeals the trial court's award of attorney fees and costs in favor of defendant/appellee, Larry Schnakenberg. She maintains that the trial court erred when it denied her motion for additur and...

In re 2001 GMC Denali Vin - 5/19/2005
AFFIRMED Robert Nathaniel Jackson ("appellant") appeals from the trial court's refusal to grant him relief from a final judgment entered in a forfeiture proceeding. In this opinion, we reconcile potentially conflicting...

Phelps v. Firebird Raceway - 5/18/2005
Opinion of the Court of Appeals, Division One 207 Ariz. 149, 83 P.3d 1090 (2004) VACATED This case requires us to determine whether Article 18, Section 5 of the Arizona Constitution, which provides that the defense "of...

Fernandez v. Takata Seat Belts - 3/24/2005
Memorandum Decision (filed June 10, 2004) In this case, we must decide whether a plaintiff who has no individual claim against a defendant may allege class action claims against that defendant and require the defendant...

Smethers v. Campion - 3/22/2005
Gary Smethers, M.D., appeals from the defense verdict and judgment in his medical malpractice action against Michael Campion, M.D., and Southwestern Eye Center, Ltd. ("Southwestern"). Dr. Smethers asserts that the trial court...

Hutto v. Francisco - 3/3/2005
This appeal requires us to decide whether a vehicle owner may bear tort liability for a death arising from the absence of a safety belt. Specifically, may a jury find that the owner must maintain the safety belt as part of his duty...

Safeway Insurance Co. - 2/24/2005
This case requires us once again to consider issues arising out of a Morris agreement. The question presented is whether attorneys who negotiate a Morris agreement on behalf of a plaintiff in a personal injury action can be...

Martin v. Schroeder - 2/9/2005
Appellant David Martin challenges the trial court's denial of his motion for summary judgment and grant of appellees Grant and Cathy Schroeder's motion for summary judgment in Martin's personal injury action against the Schroeders....

4501 Northpoint LP v. Maricopa County - 2/8/2005
This appeal challenges the tax court's denial of attorneys' fees to 4501 Northpoint LP (Taxpayer) after it accepted an offer of judgment from Maricopa County (County). The tax court ruled that the judgment, entered pursuant to...

Kelley v. Abdo - 1/28/2005
Appellant Lona Kelley sued appellee Dr. Joseph Abdo for medical malpractice and appellee Cobre Valley Community Hospital (CVCH) for negligent supervision and privileging after the breast reduction surgery Abdo performed on Kelley...

Hayden Business Center Condominiums Association v. Pegasus Development Corp. - 1/25/2005
Hayden Business Center Condominiums Association (the Association) appeals the grant of summary judgment on its claim for breach of the implied warranty of good workmanship and challenges the trial court's denial of its motion to...

Cook v. Cook - 1/13/2005
AFFIRMED In 1996, the Arizona legislature amended this state's marriage statutes to provide that certain marriages, even though "valid by the laws of the place where contracted," were nonetheless "void and prohibited" in...

Nelson v. Grayhawk Properties - 12/22/2004
Plaintiffs-appellants Robert and Lori Nelson appeal from the trial court's grant of summary judgment to defendants-appellees Grayhawk Properties, L.L.C.; Grayhawk Development, Inc.; and Grayhawk Residential, Inc. (Grayhawk),...

Associated Aviation Underwriters v. Wood - 9/29/2004
AFFIRMED IN PART; REVERSED IN PART AND REMANDED TABLE OF CONTENTS INTRODUCTION 1-4 BACKGROUND 5-22 DISCUSSION 23-157 APPEAL 23-121 I. Morris -related issues 23-65 A. Effect of...

Pargman v. Vickers - 8/31/2004
This appeal arises out of a personal injury case filed within the two-year statute of limitations by plaintiff-appellant Brenda Pargman against Betty Vickers. When Pargman sued Vickers, she did not know Vickers had died. ...

Bridgestone/Firestone North America Tire - 12/10/2003
In this personal injury and wrongful death action, appellants Dionicio Naranjo, Martha Montaño, and Zulema and Lizette Naranjo (the Naranjos) appeal from the trial court's summary judgment in favor of appellee Bridgestone/Firestone...

Bennett v. Napolitano - 12/4/2003
I. INTRODUCTION On June 12, 2003, the legislature enacted and transmitted to the governor four bills comprising the state's operating budget for fiscal year 2004 -- the general appropriations bill (House Bill 2531) and three...

Eaton v. Arizona Health Care Cost Containment System - 11/26/2003
The director of appellee Arizona Health Care Cost Containment System (AHCCCS) denied appellant Steven Eaton's request that AHCCCS waive the entire Medicaid lien against funds paid in settlement of his product liability suit. Eaton...

Jimenez v. Wal-Mart Stores - 11/20/2003
In this personal injury action, plaintiffs/appellants Margaret Jimenez and her husband appeal from the trial court's judgment, entered after a jury verdict, in favor of defendant/appellee Wal-Mart Stores, Inc. She also appeals from...

State v. Jaramillo - 11/18/2003
MEMORANDUM DECISION Not for Publication Rule 111, Rules of the Supreme Court Petitioner Wilfredo Jaramillo contests the trial court's summary dismissal of his petition for post-conviction relief, filed pursuant to Rule...

Carstens v. City of Phoenix - 9/9/2003
AFFIRMED William and Deborah Carstens and Deborado, LLC, ("the Carstens") sued the City of Phoenix ("City") and three of its building inspectors alleging that the inspectors were grossly negligent because they failed to...

State v. Prasertphong - 9/2/2003
CONVICTIONS AND SENTENCES EXCEPT SENTENCES OF DEATH AFFIRMED A Grand Jury indicted Kajornsak Prasertphong and Christopher "Bo" Huerstel charging them with three counts of first degree murder and three counts of armed robbery...

Ortiz v. State Farm Fire & Casualty Co. - 6/30/2003
MEMORANDUM DECISION Not for Publication Rule 28, Rules of Civil Appellate Procedure AFFIRMED Plaintiffs Yolanda and Andrew Ortiz (the Ortizes) appeal from the trial court's grant of summary judgment in favor of...

Stock v. Kino Community Hospital - 6/24/2003
MEMORANDUM DECISION Not for Publication Rule 28, Rules of Civil Appellate Procedure AFFIRMED IN PART REVERSED AND REMANDED IN PART Donald Stock challenges the trial court's granting of summary judgment on his...

In re Moak - 6/16/2003
The State Bar of Arizona charged Respondent Walter E. Moak with three counts of attorney misconduct under the Arizona Rules of Professional Conduct. After the parties stipulated to most of the relevant facts, a hearing officer...

Mills v. Owens-Illinois - 3/28/2003
MEMORANDUM DECISION Not for Publication Rule 28, Rules of Civil Appellate Procedure AFFIRMED In appellant Lucie Mills's action against appellee Owens-Illinois, Inc., for the wrongful death of her husband Arthur, the...

Himes v. Safeway Insurance Company - 3/27/2003
AFFIRMED IN PART; REVERSED IN PART; REMANDED We examine in this opinion the burden of proof and legal standard applicable in determining to what extent a Damron/Morris agreement represents a reasonable settlement that is...

American Family Mutual Insurance Co. v. White - 3/20/2003
AFFIRMED To stop Appellant from assaulting a smaller third person, Travis Wilde hit Appellant in the head with a metal pipe. Travis later pleaded guilty to aggravated assault, and Appellant later sued Travis and his parents...

Templeton v. Shapiro - 2/28/2003
MEMORANDUM DECISION Not for Publication Rule 28, Rules of Civil Appellate Procedure AFFIRMED Appellant David Templeton sued appellee Steve Shapiro, M. D., for medical malpractice. Shapiro moved for summary judgment,...

Twin City Fire Insurance Company v. Burke - 2/18/2003
En Banc 0PINI0N RELIEF GRANTED This matter arises from a bad faith action brought by an excess liability insurer against the primary carrier for the latter's failure to settle a wrongful death case within the...

Watson v. Roman Catholic Church of the Diocese of Phoenix - 2/13/2003
AFFIRMED Sean Watson appeals from the judgment of the Maricopa County Superior Court finding that his claim against appellees was barred by the statute of limitations. Because we find no trial court error, we affirm. ...

Young v. Industrial Commission of Arizona - 2/11/2003
Amended by Order filed 2-25-03 We must decide in this special action whether the administrative law judge ("ALJ") erred by awarding scheduled benefits for petitioner Larry Young's Arizona industrial injury. Petitioner...

Winsor v. Glasswerks PHX - 2/4/2003
AFFIRMED We are invited in this case to expand the scope of products liability actions to include successor corporations not involved in placing the product into the stream of commerce. We decline to do so, determining that...

Bertleson v. Tierney - 12/26/2002
AFFIRMED In this appeal, we determine the constitutionality of Arizona Revised Statutes (A.R.S.) § 12-2602 (2000) under the equal protection and separation of powers clauses of the Arizona Constitution. Section 12-2602...

Samsel v. Allstate Insurance Company - 12/12/2002
Defendant/Appellant Allstate Insurance Co. appealed from an adverse summary judgment on a claim for breach of the medical payments coverage provisions of an automobile policy Allstate issued to Plaintiffs/Appellees Michael and...

Althaus v. Cornelio - 12/12/2002
This petition for special action arises from an attorney malpr actice action filed by real party in interest Penn-America Insurance Company against petitioners (collectively, Althaus). Althaus previously repr esented Penn-America's...

Capitol Indemnity Corporation v. Fleming - 12/10/2002
AFFIRMED Capitol Indemnity Corporation, the surety for Anita Heller, a client of attorney Robert B. Fleming and conservator of an estate, filed an action against Fleming, his spouse, and Fleming's law firm (collectively,...

Estate of McGill v. Albrecht - 11/12/2002
RELIEF GRANTED We granted review to determine whether a person may maintain a damage action under the Adult Protective Services Act (APSA), A.R.S. § 46-455 et seq., for injuries caused by negligent medical care provided to a...

Henry v. Healthpartners of Southern Arizona - 9/19/2002
AFFIRMED Virginia Henry filed this medical malpractice action as personal representative of the estate of her aunt, Kathleen Wilson. All defendants except appellant HealthPartners of Arizona, doing business as Tucson Medical...

Blankenbaker v. Jonovich - 9/3/2002
REVERSED AND REMANDED Thomas E. Blankenbaker, D.C., appeals from a summary judgment in favor of his former patient, Tommy Jonovich, in this dispute over the validity of a medical lien. We recently held an untimely perfected...

Porter v. Triad of Arizona - 9/3/2002
REVERSED AND REMANDED James Porter, as personal representative of his deceased wife's estate and acting on behalf of his minor children, appeals the trial court's judgment dismissing the wrongful death complaint he filed on...

Smith v. CIGNA Healthplan of Arizona - 7/30/2002
REVERSED AND REMANDED Appellant Sandra Smith, M.D., sued appellees, CIGNA HealthPlan of Arizona, Mitchell Hall, and Gilbert Burkel (collectively, "CIGNA") for tortious interference with her employment and wrongful discharge....

Galloway v. Vanderpool - 6/3/2002
En Banc ORDER REVERSED AND REMANDED TO SUPERIOR COURT WITH INSTRUCTIONS Decision Order of the Court of Appeals, Division Two No. 2 CA-SA 02-0014 AFFIRMED The question presented is whether the survivors of an...

Weber v. Tucson Electric Power Company - 5/30/2002
AFFIRMED William Weber was seriously injured while employed by Tucson Electric Power Company (TEP) and began receiving workers' compensation benefits. In a related third-party action, he reached a settlement with one of the...

Harvest v. Craig - 5/30/2002
AFFIRMED Doris Harvest, a patient of the defendants, challenges the constitutionality of a statute that requires proof by clear and convincing evidence in certain medical malpractice cases. The defendants argue that any...

Lowrey v. Montgomery Kone - 3/26/2002
AFFIRMED IN PART; REVERSED IN PART; REMANDED Plaintiff Krystal Lowrey and her husband appeal from summary judgment in Lowrey's suit to recover damages from an elevator maintenance company for injuries that she sustained in an...

Dillon v. Zeneca Corporation - 2/26/2002
AFFIRMED Plaintiffs/appellants William and Tamara Dillon asserted causes of action for breach of express warranty, misrepresentation, and strict product liability arising from damage to their alfalfa crop allegedly caused by...

In re Ryan A. - 2/12/2002
AFFIRMED We consider three issues for the first time: (1) whether a juvenile can be guilty of threatening or intimidating, in violation of Arizona Revised Statutes ("A.R.S.") § 13-1202(A)(1) (2001), when the intended victim...

Lovitch v. Industrial Commission of Arizona - 2/5/2002
Redesignated by Order filed 3/7/02 AWARD AFFIRMED Petitioner Susan Lovitch requests this court to set aside an Industrial Commission award dismissing her January 12, 2000, Petition to Reopen her 1993 claim after it...

Botma v. Huser - 2/5/2002
AFFIRMED The issue is whether Arizona, which prohibits assignment of a legal malpractice claim, should allow assignment of a legal malpractice claim that is packaged with assignment of a bad faith claim against an insurance...

Andrews v. Samaritan Health System - 12/11/2001
Plaintiffs in this class action appeal from the entry of summary judgment in favor of Samaritan Health System and Banner Health Systems (the hospitals). The trial court found that the hospitals may validly enforce medical liens...

Gamez v. Brush Wellman - 9/27/2001
Appellants Rudy and Alice Gamez challenge the trial court's grant of summary judgment in favor of appellee Brush Wellman, Inc. , Rudy's for mer employer. The Gamezes argue that the trial court er red in rejecting their claims for...

Young v. Johnson - 9/20/2001
REVERSED AND REMANDED A jury awarded Diane Young compensatory and punitive damages for the assault and battery she suffered at the hands of Charles Johnson, her former husband. On appeal, Johnson challenges the judgment on...

S Development Company v. Pima Capital Management Co. - 8/30/2001
AFFIRMED We are called upon to determine the effect, if any, that a disclaimer of warranties, or an "as is" provision, in a purchase contract for commercial property has on a vendor's duty to disclose defects in the physical...

Manterola v. Farmers Insurance Exchange - 8/28/2001
AFFIRMED The trial court dismissed this third-party bad faith action, finding it barred by the statute of limitations. We are asked to decide whether the "final judgment accrual rule, " adopted in Taylor v. State Farm Mutual...

Rosarita Mexican Foods v. Industrial Commission of Arizona - 3/27/2001
We must decide in this special action whether the administrative law judge ("ALJ") erred by continuing benefits to claimant Francisco Tapia and awarding him further diagnostic testing without proof that his condition was medically...

Vega v. Sullivan - 3/13/2001
AFFIRMED Defendant/appellant Lynda Sullivan appeals from a judgment awarding attorney's fees and expert witness fees to plaintiffs/appellees Barbara and Vicente Vega pursuant to former Rule 7(f), Uniform Rules of Procedure...

Carrasco v. State - 3/8/2001
AFFIRMED The trial court awar ded summary judgment in favor of appellees State of Arizona and Child Protective Services (CPS) in a wrongful death action brought by appellant Theresa Carrasco, personal repr esentative of...

Byers-Watts v. Parker - 3/1/2001
Michelle Byers-Watts appeals the trial court's judgment dismissing the personal injury lawsuit filed in her capacity as guardian ad litem for her minor son. We are asked to decide whether Byers-Watts, a non-lawyer, can represent...

In re United States Currency in the Amount of 26 - 12/21/2000
AFFIRMED IN PART; REVERSED AND REMANDED IN PART This court previously concluded in this in rem civil forfeiture action that the trial court had erred in granting summary judgment to claimant/appellee Beverly Gilbert on the...

In re United States Currency in the Amount of $26 - 12/21/2000
AFFIRMED IN PART; REVERSED AND REMANDED IN PART This court previously concluded in this in rem civil forfeiture action that the trial court had erred in granting summary judgment to claimant/appellee Beverly Gilbert on the...

Keggi v. Nothbrook Property - 12/5/2000
REVERSED AND REMANDED Caroline Saunders Keggi appeals from the trial court's judgment in favor of Northbrook Property and Casualty Insurance Company (Northbrook) and TIG Insurance Company (TIG). Keggi sought a declaratory...

Englert v. Carondelet Health Network - 11/28/2000
AFFIRMED In this medical malpractice wrongful death case, appellants Dr. Randall Bennett and Carondelet Health Network challenge the trial court's post-verdict orders granting appellee Denise Englert a new trial. Dr. Bennett...

Williams v. Lakeview Co. - 11/9/2000
We granted review to decide whether Arizona courts may exercise specific jurisdiction over a personal injury action brought by residents of Mohave County, Arizona, against a Nevada casino for damages caused by the casino's service...

Wiggs v. City of Phoenix - 9/5/2000
AFFIRMED AND REMANDED Court of Appeals, Division One Ariz. , P.2d (App. 1999) VACATED We granted review in this wrongful death case to decide whether our comparative fault statute, A.R.S. § 12-2506, preserves vicarious...

Isbell v. State - 8/31/2000
VACATED This is a wrongful death action brought by Isbell against the State of Arizona for the death of her husband, who was killed when the truck he was driving collided with a train at a crossing in Chandler. The case was...

CDT - 8/25/2000
REVERSED AND REMANDED In this accounting malpractice action, appellant CDT, Inc., challenges the trial court's order granting summary judgment in favor of appellees Addison, Roberts & Ludwig, P.C., and several of its...

Country Mutual Insurance Company v. Fonk - 8/24/2000
The Honorable John H. Seidel, Judge (Deceased) REVERSED AND REMANDED; AFFIRMED ON CROSS-APPEAL In this appeal, we consider whether a party injured in an accident with an underinsured motorist is barred from collecting...

Diggs v. Arizona Cardiologists - 8/8/2000
After conferring with cardiologist, Dr. Rubin S. Valdez, the St. Luke's Medical Center emergency room physician, Dr. Paul Johnson, treated Cynthia Diggs' severe chest pain and released her. Three hours later, she died of a heart...

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