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FRANKLIN v. CLEMETT

No. 1 CA-CV 15-0194.

382 P.3d 802 (2016)

Mark William FRANKLIN, Plaintiff/Appellant, v. Jason John CLEMETT, et al., Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

FILED October 25, 2016.

Attorney(s) appearing for the Case

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

Harris, Powers & Cunningham, P.L.L.C., Phoenix, By Joseph D'Aguanno , Frank I. Powers , Co-Counsel for Plaintiff/Appellant.

Karen L. Lugosi, P.C., Phoenix, By Karen L. Lugosi , Co-Counsel for Plaintiff/Appellant.

Jones, Skelton & Hochuli, P.L.C., Phoenix, By William D. Holm , Jonathan P. Barnes, Jr. , Co-Counsel for Defendants/Appellees.

Hill, Hall & DeCiancio, P.L.C., Phoenix, By R. Corey Hill , Ginette M. Hill , Christopher Robbins , Co-Counsel for Defendants/Appellees.

Presiding Judge Patricia K. Norris delivered the opinion of the Court, in which Judge Samuel A. Thumma and Judge Margaret H. Downie joined.

OPINION

¶1 The controlling issues in this case are whether the affirmative defense of intoxication established by Arizona Revised Statutes ("A.R.S.") section 12-711 (2016) violates the contributory negligence and anti-abrogation provisions of the Arizona Constitution, conflicts with Arizona's comparative fault statutes...

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