1. Home
  2. Browse Decisions
  3. P.3d
  4. 266 P.3d
  5. 266 P.3d 349 (2011)
 

ESTATE OF BRADEN EX REL. GABALDON v. STATE

No. CV-10-0300-PR.

266 P.3d 349 (2011)

ESTATE OF Jacob BRADEN, by and through its personal representative, Tonya GABALDON, Plaintiff/Appellant, v. The STATE of Arizona, a body politic; and the Division of Developmental Disabilities of the Arizona Department of Economic Security, a body politic, Defendants/Appellees.

Supreme Court of Arizona, En Banc.

November 30, 2011.

Attorney(s) appearing for the Case

Knapp & Roberts, P.C. by Craig A. Knapp , Dana R. Roberts , and David L. Abney , Scottsdale, and Law Office of Scott E. Boehm, P.C. by Scott E. Boehm , Phoenix, and Warnock, MacKinlay & Carman, P.L.L.C. by Krista M. Carman , Prescott, Attorneys for the Estate of Jacob Braden and Tonya Gabaldon.

Thomas C. Horne , Arizona Attorney General, by Fred M. Zeder , Assistant Attorney General, Michael G. Gaughan , Assistant Attorney General, Daniel P. Schaack , Assistant Attorney General, Phoenix, Attorneys for State of Arizona and Arizona Department of Economic Security Division of Developmental Disabilities.

OPINION

BRUTINEL, Justice.

¶ 1 The issue in this case is whether the Adult Protective Services Act ("APSA"), A.R.S. § 46-455 (2011), subjects the state to an action for damages under that statute. We hold that it does not and, therefore, affirm the superior court's summary judgment in favor of the State.

I.

¶ 2 Jacob Braden, an adult with developmental disabilities, received services from Arizona Integrated Residential and...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases