PICASO v. TUCSON UNIFIED SCHOOL DIST.

No. CV-07-0154-PR.

171 P.3d 1219 (2007)

Juan PICASO and Maribel Picaso, husband and wife, individually and as surviving parents of Benjamin Picaso, deceased, Plaintiffs/Appellants, v. TUCSON UNIFIED SCHOOL DISTRICT, Defendant/Appellee.

Supreme Court of Arizona, En Banc.

December 3, 2007.


Attorney(s) appearing for the Case

Copple, Boehm & Murphy, P.C. by Steven D. Copple, Scott E. Boehm, Phoenix, Attorneys for Juan Picaso and Maribel Picaso.

Mesch, Clark & Rothschild, P.C. by Richard Davis, Gary J. Cohen, Tucson, Attorneys for Tucson Unified School District.


OPINION

HURWITZ, Justice.

I.

¶ 1 On September 24, 2001, 14-month-old Benjamin Picaso was struck and killed by a Tucson Unified School District ("TUSD") school bus. In 2003, Benjamin's mother, Maribel Picaso, pleaded guilty to misdemeanor child abuse. The plea agreement stipulated that Maribel's negligence had placed Benjamin in the situation that led to his death.1

¶ 2 The...

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