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VERDUZCO v. AMERICAN VALET

No. 1 CA-CV 15-0138.

377 P.3d 1016 (2016)

Maria Theresa VERDUZCO and Gustavo Mendoza, individually and as guardians ad litem on behalf of their injured children Edwin Mendoza, Gustavo Mendoza, Jr., Gissell Mendoza; Javier Velasquez and Dora Verduzco, as successors in interest to their deceased son, Edgar Velasquez, Plaintiffs/Appellants, v. AMERICAN VALET, an Arizona business entity; Daniel Casey, an individual as an employee of American Valet; 7277 Scottsdale Hotel, LLC, an Arizona limited liability company, Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

FILED June 21, 2016.

Attorney(s) appearing for the Case

Knapp & Roberts, P.C., Scottsdale, By David L. Abney , Co-Counsel for Plaintiffs/Appellants.

Law Offices of Larry H. Parker PC, Phoenix, By Kathleen McCaffrey , Co-Counsel for Plaintiffs/Appellants.

Robinson Calcagnie Robinson Shapiro Davis Inc., Newport Beach, CA, By Scot D. Wilson , Co-Counsel for Plaintiffs/Appellants.

Jones, Skelton & Hochuli, P.L.C., Phoenix, By Michael A. Ludwig , Jennifer B. Anderson , Brandi C. Blair , Lori L. Voepel , Counsel for Defendants/Appellees.

Arent Fox LLP, Washington, DC, By Michael L. Stevens , Melissa A. Meister , Counsel for Amicus Curiae National Parking Association.

Burke Panzarella Rich, Phoenix, By Elizabeth L. Fleming , Counsel for Amicus Curiae Arizona Association of Defense Counsel.

Presiding Judge Samuel A. Thumma delivered the opinion of the Court, in which Judge Maurice Portley and Judge John C. Gemmill joined.

OPINION

¶ 1 The narrow dispositive issue in this appeal is whether, as a pleading matter, plaintiffs properly alleged Arizona common law negligent entrustment and negligence claims against defendants. Plaintiffs claim that defendants, while in possession of a sports car as a bailee for its owner, gave the car to an...

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