Monday, June 30, 2008

Major Victory for Tort Plaintiffs at AZ Court of Appeals

That huge sigh you hear may not be the monsoons, but Arizona plaintiff's attorneys breathing a sharp sigh of relief.

Today, Division 2 of the Arizona Court of Appeals delivered a major victory to plaintiffs suing state agencies in tort. The case, Jones v. Cochise County et al., represents a pushback against the harsh new requirements imposed by the Arizona Supreme Court in Deer Valley School District no. 97 v. Houser, 214 Ariz. 193, 152 P.3d 490 (2007). The ruling presents a far more accommodating (for plaintiffs) reading of Arizona's notice of claims statute, A.R.S. sec. 12-821.01 which, if upheld by the Supreme Court, will curtail the number of successful defense motions for summary judgment in state tort claims.


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