HUMPHREY v. STATE

No. 1 CA-CV 16-0570.

466 P.3d 368 (2020)

James Michael HUMPHREY, et al., Plaintiffs/Appellees/Cross-Appellants, v. STATE of Arizona, Defendant/Appellant/Cross-Appellee.

Court of Appeals of Arizona, Division 1.

FILED April 30, 2020.


Attorney(s) appearing for the Case

Arizona Attorney General's Office, Phoenix, By Fred Zeder , Daniel P. Schaack , Co-counsel for Defendant/Appellant/Cross-Appellee.

Renaud, Cook, Drury, Mesaros PA, Phoenix, By William W. Drury , John A. Klecan , Kelly A. Hedberg , Co-counsel for Defendant/Appellant/Cross-Appellee.

Struck, Love, Bojanowski & Acedo PLC, Chandler, By Nicholas D. Acedo , Co-counsel for Defendant/Appellant/Cross-Appellee.

The Leader Law Firm PC, Tucson, By John P. Leader , Co-Counsel for Plaintiffs/Appellees/Cross-Appellants Humphrey.

Zachar Law Firm PC, Phoenix, By Christopher J. Zachar , Co-counsel for Plaintiffs/Appellees/Cross-Appellants Quinn.

Aiken & Scoptur PC, Milwaukee, WI, By Timothy J. Aiken , Co-counsel for Plaintiffs/Appellees/Cross-Appellants Quinn and Humphrey.

Ahwatukee Legal Office PC, Phoenix, By David L. Abney , Co-Counsel for Plaintiffs/Appellees/Cross-Appellants Quinn and Humphrey.

League of Arizona Cities and Towns, Phoenix, By Christina Estes-Werther , Attorney for Amicus Curiae Apache County, et al.

Presiding Judge Michael J. Brown delivered the opinion of the Court, in which Judge Kenton D. Jones and Judge Maria Elena Cruz joined.


OPINION

¶1 The State of Arizona challenges several superior court rulings relating to a judgment entered in favor of the plaintiffs in this wrongful death case. The dispositive issue is whether the court erred in denying the State's motion for judgment as a matter of law ("JMOL"), which challenged the plaintiffs' negligence...

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