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PURDY v. METCALF IN AND FOR CTY. OF PIMA

No. 2 CA-SA 2021-0039.

502 P.3d 36 (2021)

Amy PURDY, AS Wrongful Death Statutory TRUSTEE on Behalf OF the SURVIVORS OF Decedent Margery Ann JONES, and John Bross, Petitioners, v. Hon. D. Douglas METCALF, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF PIMA, Respondent, and Republic Services of Arizona Hauling, LLC; Republic Services, Inc., a Delaware Corporation; Isidro E. Rosas Hernandez and Jane Doe Rosas Hernandez, Real Parties in Interest.

Court of Appeals of Arizona, Division 2.

Filed November 8, 2021.

Attorney(s) appearing for the Case

Wagstaff & Cartmell LLP, Kansas City, Missouri, By Jack T. Hyde , Jeffrey M. Kuntz , and Adam S. Davis , and Miller, Pitt, Feldman & McAnally P.C., Phoenix, By José de Jesus Rivera and Nathan B. Webb , Counsel for Petitioners.

Humphrey & Petersen P.C., Tucson, By Andrew J. Petersen and Joseph H. Ricks , Ernest S. Bustamante & Associates PLLC, Phoenix, By Ernest S. Bustamante , and Wright Close & Barger LLP, Houston, Texas, By Thomas C. Wright and Jessica Z. Barger , Counsel for Real Parties in Interest.

Vice Chief Judge Staring authored the opinion of the Court, in which Presiding Judge Espinosa and Judge Eppich concurred.

OPINION

¶1 Special-action petitioners Amy Purdy and John Bross, plaintiffs in the underlying action, challenge the respondent judge's grant of partial summary judgment on the issue of punitive damages in favor of real parties in interest Republic Services of Arizona Hauling LLC, Republic Services Inc. (collectively...

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