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STATE v. SUPERIOR COURT, IN & FOR COUNTY OF MARICOPA

No. 11561.

111 Ariz. 130 (1974)

524 P.2d 951

The STATE of Arizona, Petitioner, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA; and the Honorable Howard V. Peterson, Respondents; and Patricia Ann ROUSSEAU, Individually and as guardian of the persons and Estates of her minor children, Velvet Darlene Rousseau and Crystal Elaine Rousseau; Cecil William Rousseau and Roberta Elaine Rousseau, husband and wife; Barbara A. Schraft, as guardian of the persons and Estates of her minor children, Robert John Schraft and Kelly Jerome Schraft; and Robert E. Schraft and Aretta M. Schraft, husband and wife, Real Parties in Interest.

Supreme Court of Arizona, In Banc.

Rehearing and Modification Denied September 17, 1974.

Attorney(s) appearing for the Case

Gary K. Nelson, Former Atty. Gen., N. Warner Lee, Atty. Gen., by William R. Jones, Jr., and Robert J. Bruno, Sp. Asst. Attys. Gen., Phoenix, for petitioner.

Healy & Beal by Robert L. Beal, Tuscon, for respondents real parties in interest.

HOLOHAN, Justice.

The State of Arizona sought by a petition for special action to vacate an order of the superior court granting partial summary judgment against the State in a pending negligence action.

The only issue involved is whether or not the State of Arizona can be held liable under the doctrine of respondeat superior for the negligent acts of an Arizona National Guardsman who is traveling to a weekend training...

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