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GIBSON v. THEUT

No. 1 CA-CV 17-0562.

438 P.3d 666 (2019)

Steven GIBSON, Jr., Plaintiff/Appellant, v. Paul J. THEUT, et al., Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

Filed March 12, 2019.

Attorney(s) appearing for the Case

Riggs Ellsworth & Porter, PLC, Mesa, By Matthew L. Riggs , Co-Counsel for Plaintiff/Appellant.

Ahwatukee Legal Office, P.C., Phoenix, By David L. Abney , Co-Counsel for Plaintiff/Appellant.

Jones, Skelton & Hochuli, P.L.C., Phoenix, By J. Gary Linder , Michele Molinario , Sean M. Moore , Counsel for Defendants/Appellees Paul J. Theut, Theut, Theut & Theut and Maricopa County.

Lewis Brisbois Bisgaard & Smith, LLP, Phoenix, By Sean P. Healy , Brian J. Hembd , Counsel for Defendants/Appellees Rick Kilfoy and Rick Kilfoy, PLC.

Arizona Attorney General's Office, Phoenix, By Deborah Garner , Cynthia D. Starkey , Counsel for Defendant/Appellee State of Arizona.

Presiding Judge Jennifer M. Perkins delivered the opinion of the Court, in which Judge Lawrence F. Winthrop concurs. Judge Jon W. Thompson concurs in part and dissents in part.

OPINION

¶1 Steven Gibson Jr. appeals from the superior court's orders dismissing his tort complaint for failure to state a claim pursuant to Arizona Rule of Civil Procedure ("Rule") 12(b)(6). In the course of a wrongful death suit brought against Gibson while he was a minor, the superior court appointed an attorney...

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