BACKUS v. STATE

No. CV-08-0284-PR.

203 P.3d 499 (2009)

Shannon BACKUS, a married woman, Plaintiff/Appellant, v. STATE of Arizona, Defendant/Appellee. Rosemary Johnson, on behalf of herself as biological mother of Vickie Johnson, deceased, and on behalf of all statutory beneficiaries of Vickie Johnson, deceased, Plaintiff/Appellant, v. State of Arizona, a political entity; Arizona Department of Corrections, an agency of the State of Arizona, Defendants/Appellees.

Supreme Court of Arizona, En Banc.

March 19, 2009.


Attorney(s) appearing for the Case

Cates Hanson Sargeant & Rakestraw PLC By Leslie L. Rakestraw, Phoenix, Attorneys for Shannon Backus.

Robbins & Curtin PLLC By Joel B. Robbins, Phoenix, Attorneys for Rosemary Johnson and Vickie Johnson, deceased.

Terry Goddard, Arizona Attorney General By Daniel P. Schaack, Assistant Attorney General, Phoenix, Richard P. Broder, Assistant Attorney General, Tucson, Attorneys for Arizona Department of Corrections and State of Arizona.

Haralson Miller Pitt Feldman & McAnally PLC By Stanley G. Feldman, Tucson and Hebert Schenk PC By Richard M. Gerry, Phoenix and Charles M Brewer Ltd By David L. Abney, Phoenix, Attorneys for Amicus Curiae Arizona Trial Lawyers Association.

Scharf-Norton Center for Constitutional Litigation, Goldwater Institute By Nicholas C. Dranias, Phoenix, Attorneys for Scharf-Norton Center for Constitutional Litigation, Goldwater Institute.

Arizona Center for Law in the Public Interest By Timothy M. Hogan, Phoenix, Attorneys for Arizona Center for Law in the Public Interest.

Jones Skelton & Hochuli PLC By Eileen Dennis GilBride, Lori L. Voepel, Phoenix, Attorneys for Amici Curiae Apache County, Cochise County, Gila County, Graham County, Greenlee County, La Paz County, Mohave County, Navajo County, Pinal County, Santa Cruz County, Yavapai County, Arizona School Risk Retention Trust Inc, and City of Phoenix.

Barbara Lawall, Pima County Attorney By Thomas E. Dugal, Deputy County Attorney, Tucson, Attorneys for Amicus Curiae Pima County.


OPINION

McGREGOR, Chief Justice.

¶ 1 Before suing a public entity, a claimant must file a notice of claim in compliance with Arizona Revised Statutes (A.R.S.) section 12-821.01.A (2003). Section 12-821.01.A requires that a notice of claim set forth "a specific amount for which the claim can be settled and the facts supporting that amount." In this consolidated action, we address the standard that applies to determine whether a claim adequately states...

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