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JOHNSON v. STATE, DEPT. OF TRANSP.

No. CV-09-0267-PR.

233 P.3d 1133 (2010)

Kristen JOHNSON, surviving spouse of Mark Wayne Johnson, deceased, individually, and as statutory plaintiff and as natural mother and next of friend of Garrett Johnson, a minor; Mason Johnson, a minor; Kelley Johnson, a minor; and Jenna Johnson, a minor, surviving children of Mark Wayne Johnson, deceased; and Garry Johnson and Jane Johnson, husband and wife, and surviving parents of Mark Wayne Johnson, deceased, Plaintiffs/Appellants, v. STATE of Arizona, by and through its DEPARTMENT OF TRANSPORTATION, Defendant/Appellee.

Supreme Court of Arizona, En Banc.

July 8, 2010.

Attorney(s) appearing for the Case

Luis P. Guerra LLC by Luis P. Guerra and Law Offices of Charles M. Brewer Ltd. by Charles M. Brewer and Law Offices of David L. Abney by David L. Abney, Phoenix, Attorneys for Kristen Johnson, Mark Wayne Johnson, Garrett Johnson, Mason Johnson, Kelley Johnson, Jenna Johnson, Garry Johnson, and Jane Johnson.

Burke Panzarella Rich by Thomas P. Burke, II, Shauna B. Yoder, Elizabeth L. Fleming, Phoenix, Attorneys for State of Arizona and Arizona Department of Transportation.

OPINION

PELANDER, Justice.

¶ 1 Arizona Rule of Evidence 407 generally excludes evidence of "measures" taken "after an event" to prove a party's negligence or culpability "in connection with the event." We hold that Rule 407 applies even if the party took such measures without knowledge of, or for reasons unrelated to, the prior event. We also hold that the trial court did not err in finding that the evidence of subsequent measures was not offered for...

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