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GUERRA v. STATE

No. CV-14-0144-PR.

348 P.3d 423 (2015)

April Abigail GUERRA, a single woman, Plaintiff/Appellant, v. STATE of Arizona, a governmental entity; Robert Halliday, in his individual and official capacity as director of the Arizona Department of Public Safety; Officer John Doe Dudas (Badge # 6381); Officer John Doe Guerrero (Badge # 6756); Officer John Doe Ortiz (Badge # 6760); and Sergeant John Doe Ortolano (Badge # 5439), Defendants/Appellees.

Supreme Court of Arizona.

May 8, 2015.

Attorney(s) appearing for the Case

Mick Levin , (argued), Tidmore Law Offices, L.L.P., Phoenix, Attorney for April Abigail Guerra.

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

Elliot Glicksman , Law Office of Elliot Glicksman, P.L.L.C., Tucson, Attorney for Amicus Curiae Homicide Survivors, Inc.

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 Arizona Association for Justice/Arizona Trial Lawyers Association.

Vice Chief Justice PELANDER authored the opinion of the Court, in which Justices BRUTINEL and TIMMER joined; Chief Justice BALES and Justice BERCH, dissenting.

¶ 1 The question presented is whether law enforcement officers assume a duty of care to an accident victim's family by notifying the family of the victim's apparent injury or death. We hold that no duty arises from such notifications alone.

I.

¶ 2 The material facts,...

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