Diana GLAZER, the surviving spouse of Michael Glazer, deceased, on her own behalf and as statutory trustee for Lindsay Glazer and David Glazer, surviving children of Michael Glazer; Diana Glazer, as surviving parent of Sydney Glazer, deceased, Plaintiff/Appellee,
v.
STATE of Arizona, a government entity, Defendant/Appellant.
Supreme Court of Arizona.https://leagle.com/images/logo.png
Barbara LaWall , Pima County Attorney, Dennis C. Bastron , Deputy County Attorney, Civil Division, Tucson, Attorneys for Amicus Curiae Pima County.
Eileen Dennis GilBride , Jennifer B. Anderson , Jones, Skelton & Hochuli, P.L.C., Phoenix, Attorneys for Amici Curiae Apache, Cochise, Gila, Graham, Greenlee, La Paz, Maricopa, Mohave, Navajo, Pinal, Santa Cruz, Yavapai, and Yuma Counties.
Stanley G. Feldman , Haralson, Miller, Pitt, Feldman & McAnally, P.L.C., Tucson, and David L. Abney , Knapp & Roberts, P.C., Scottsdale, Attorneys for Amicus Curiae The Arizona Association for Justice/Arizona Trial Lawyers Association.
Justice TIMMER authored the opinion of the Court, in which Vice Chief Justice PELANDER, Justices BERCH and BRUTINEL joined, and Chief Justice BALES dissented in part and concurred in the result.
JusticeTIMMER, opinion of the Court.
¶ 1 Section 12-820.03, A.R.S., provides public entities a "state of the art" affirmative defense against claims for injuries arising out of a plan or design for construction of a roadway. To establish the defense, the public entity must show that the plan or design, when created, conformed to generally...
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