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FLEMING v. STATE, DEPT. OF PUBLIC SAFETY

No. 2 CA-CV 2013-0162.

337 P.3d 1192 (2014)

Robert FLEMING, Conservator, on behalf of the Surviving Minor Children of Faith Mascolino, Plaintiff/Appellant, v. STATE of Arizona DEPARTMENT OF PUBLIC SAFETY, Defendant/Appellee.

Court of Appeals of Arizona, Division 2.

October 31, 2014.

Attorney(s) appearing for the Case

Mercaldo Law Firm By Ronald D. Mercaldo , Tucson, and Thomas A. Zlaket, PLLC By Thomas A. Zlaket , Tucson, and Law Office of Jojene Mills, PC By Jojene E. Mills , Tucson, Counsel for Plaintiff/Appellant.

Thomas C. Horne , Arizona Attorney General, Phoenix By Robert R. McCright and Catherine M. Stewart , Assistant Attorneys General, Tucson, Counsel for Defendant/Appellee.

Presiding Judge MILLER authored the opinion of the Court, in which Judge ESPINOSA and Judge VÁSQUEZ concurred.

OPINION

MILLER, Presiding Judge.

¶ 1 Robert Fleming, conservator of the minor children of Faith Mascolino, appeals from a jury verdict in favor of the Arizona Department of Public Safety (DPS) related to Mascolino's death. Appellant argues the trial court should not have permitted the jury to consider A.R.S. § 12-820.02(A)(7), which provides qualified immunity for a state entity if the injury is attributable to the claimant's violation of statutes...

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