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LANE v. CITY OF TEMPE

No. CV-01-0142-PR.

44 P.3d 986 (2002)

202 Ariz. 306

Kiera LANE, Plaintiff-Appellee, v. The CITY OF TEMPE and Daniel G. Serrano and Gwen Serrano, husband and wife, Defendants-Appellants.

Supreme Court of Arizona, En Banc.

April 24, 2002.

Attorney(s) appearing for the Case

Law Offices of John Evans, P.C., by John Evans, Scottsdale, Attorney for Appellee.

C. Brad Woodford, Tempe City Attorney, by Clifford L. Mattice, Assistant City Attorney, Tempe, Attorney for Appellants.

Van O'Steen and Partners, by Stephen I. Leshner and The Langerman Law Offices by: Amy G. Langerman, Phoenix, Attorneys for Amicus Curiae Arizona Trial Lawyers Association.

OPINION

ZLAKET, Justice.

¶ 1 Kiera Lane filed a negligence claim against the City of Tempe and its employee, Daniel Serrano, for damages arising out of an automobile accident. The only theory of liability against the City was respondeat superior. See Driscoll v. Harmon, 124 Ariz. 15, 16, 601 P.2d 1051, 1052 (1979)("[T]he act of...

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