GLAZER v. STATE

No. CV-14-0123-PR.

347 P.3d 1141 (2015)

237 Ariz. 160

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.

May 8, 2015.


Attorney(s) appearing for the Case

John P. Leader , The Leader Law Firm, Tucson; Christopher J. Zachar , The Zachar Law Firm, P.C., Phoenix; and Timothy J. Aiken (argued), Aiken & Scoptur, P.C., Milwaukee, WI, Attorneys for Diana Glazer.

Mark Brnovich , Arizona Attorney General, John R. Lopez IV , Solicitor General, Daniel P. Schaack , Fred Zeder (argued), Assistant Attorneys General, Phoenix, Attorneys for State of Arizona.

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.

Kathleen L. Wieneke and Nicholas D. Acedo , Struck Wieneke & Love, P.L.C., Chandler, Attorneys for Amicus Curiae League of Arizona Cities and Towns.

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.

John C. Lemaster and Naomi Thurston , Ryley Carlock & Applewhite, Phoenix; W. Raymond Johnson III , Johnson Law Group, PLC, Mesa, and Lynn Eric Goar , Law Office of Lynn Eric Goar, PC, Tucson, Attorneys for Amicus Curiae Vicki Laffoon, et al.

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.


¶ 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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