JOHNSON v. SUPERIOR COURT, PIMA COUNTY

No. 2 CA-SA 88-0121.

158 Ariz. 507 (1988)

763 P.2d 1382

Eric JOHNSON and Linda Johnson, husband and wife; Jerry Sterner and Kay Sterner, husband and wife; and the City of Tucson, a municipal corporation, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF PIMA, and the Honorable Robert B. Buchanan, a judge thereof, Respondents, and Owowanta Ogbonnaya AHANONU, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department B.

October 31, 1988.


Attorney(s) appearing for the Case

Harrison, Rollman & Gabroy, P.C. by Barry Bursey, Tucson, for petitioners.

Law Offices of Ronald D. Mercaldo by Anthony J. Wiggins, Tucson, for real party in interest.


OPINION

ROLL, Presiding Judge.

The sole issue in this special action is whether the mandatory notice of a claim required by A.R.S. § 12-821(A) must be presented to an individual public employee as a prerequisite to the maintenance of an action against that employee for injuries resulting from an act or omission allegedly committed in the scope of his employment. The issue presents a question of law which has resulted in inconsistent determinations in...

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