YOLLIN v. CITY OF GLENDALE

No. 1 CA-CV 07-0513.

191 P.3d 1040 (2008)

Allan YOLLIN, Plaintiff/Appellant, v. CITY OF GLENDALE, a municipal corporation organized and existing under the laws of the State of Arizona, Defendant/Appellee.

Court of Appeals of Arizona, Division 1, Department E.

August 5, 2008.


Attorney(s) appearing for the Case

Wattel & York by Michael L. York, Chandler, Attorneys for Appellant.

Nicholas Dipiazza, Deputy City Attorney, City of Glendale, Chandler, Attorneys for Appellee.

Beaugureau, Zukowski, Hancock, Stoll & Schwartz, P.C. by Amy Schwartz, Shimin Luo, Phoenix, Attorneys for Appellee.

Law Offices of Charles M. Brewer, Ltd., by David L. Abney, Phoenix, Attorney for Amicus Curiae, The Arizona Trial Lawyers Association.


OPINION

KESSLER, Presiding Judge.

¶ 1 Plaintiff Allan Yollin ("Yollin") appeals the decision of the superior court dismissing his personal injury action against defendant City of Glendale ("Glendale"). Yollin alleges error in the court's application of Arizona Revised Statutes ("A.R.S.") section 12-821.01(A) (2003), Arizona's notice of claim statute. We reverse and remand because the court erred in applying the statute.

FACTUAL AND PROCEDURAL...

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