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NUNEZ v. PROFESSIONAL TRANSIT MANAGEMENT

No. CV-11-0186-PR.

271 P.3d 1104 (2012)

Era C. NUNEZ, as personal representative of the Estate of LINDA JOYCE BROWN, Plaintiff/Appellee, v. PROFESSIONAL TRANSIT MANAGEMENT OF TUCSON, INC., an Arizona corporation; and Grace Zoellner, a single woman, Defendants/Appellants.

Supreme Court of Arizona, En Banc.

February 23, 2012.

Attorney(s) appearing for the Case

Law Office of William D. Nelson, Esq. by William D. Nelson , Tucson, and Knapp & Roberts, P.C. by David L. Abney , Scottsdale, Attorneys for Era C. Nunez.

Snell & Wilmer L.L.P. by William N. Poorten, III , Andrew M. Jacobs , Daniel P. Wierzba , Tucson, Attorneys for Professional Transit Management of Tucson, Inc. and Grace Zoellner.

OPINION

HURWITZ, Vice Chief Justice.

¶ 1 The issue in this negligence action is whether a common carrier has the duty to exercise the highest degree of care practicable under the circumstances or rather only the duty to exercise reasonable care. We hold that the general negligence standard— reasonable care under all the circumstances—applies.

I.

¶ 2 On May 2, 2008, Linda Brown boarded a Tucson city bus operated by...

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