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JAMES v. STATE

No. 2 CA-CV 2006-0124.

158 P.3d 905 (2007)

Donna JAMES, the mother of decedent Corey James; John James, the father of decedent Corey James; and Marjorie Surine, the mother of decedent Michelle James, Plaintiffs/Intervenors, Joseph Burkhamer, the father of decedent Michelle James, Plaintiff/Appellant, v. The STATE of Arizona, a body politic, Defendant/Appellee.

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

May 31, 2007.

Attorney(s) appearing for the Case

Rubin & Samuels PLC, By Michael S. Samuels, Phoenix, Attorneys for Plaintiffs/Intervenors.

Meagher & Geer, P.L.L.P. By Thomas H. Crouch, Scottsdale, and Law Office of Gary M. Gallner, By Gary M. Gallner, Avondale, Attorneys for Plaintiff/Appellant.

Burke-Panzarella-Rich, By Thomas P. Burke, II and Randy L. Kingery, Phoenix, Attorneys for Defendant/Appellee.

OPINION

PELANDER, Chief Judge.

¶ 1 In this wrongful death action, the trial court granted defendant/appellee State of Arizona's motion to dismiss or for partial summary judgment on plaintiff/appellant Joseph Burkhamer's claim on the ground he had failed to properly file a notice of claim against the state, as A.R.S. § 12-821.01 requires. Burkhamer appeals from the ensuing judgment, entered pursuant to Rule 54(b), Ariz. R. Civ. P., 16 A.R...

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