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MEDINA v. ESTATE OF CODY

No. 1 CA-CV 22-0709.

538 P.3d 737 (2023)

Claudia MEDINA, duly appointed Personal Representative of the Estates of Carlos Mario Pena Jaramillo; Soraida Delgado Sierra; Juliana Pena Delgado; and Manuela Pena Delgado, Plaintiff/Appellant, v. The ESTATE OF Javas Jaysean CODY, The Estate of Aaron Chee; Martina Grandson, an unmarried woman; Sentry Insurance Company f/k/a Sentry Insurance a Mutual Company, Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

Filed October 5, 2023.

Attorney(s) appearing for the Case

Hagens Berman Sobol Shapiro LLP, Phoenix, By Robert B. Carey , Michella A. Kras , Counsel for Plaintiff/Appellant.

Zwillinger Wulkan, PLC, Phoenix, By Colin Bradley , Counsel for Defendant/Appellee Jefferson Cody.

Appel Law Office, P.L.L.C., Fountain Hills, By Marc Appel , Counsel for Defendant/Appellee Martina Grandson.

Christian Dichter & Sluga, P.C., Phoenix, By Gena L. Sluga , Counsel for Defendants/Appellees Sentry Insurance Company.

Lewis Roca Rothgerber Christie LLP, Phoenix, By Susan M. Freeman , Counsel for Defendants/Appellees Sentry Insurance Company.

Navajo Nation Department of Justice, Window Rock, By Sage G. Metoxen , Counsel for Amicus Curiae Navajo Nation.

Presiding Judge D. Steven Williams delivered the Court's opinion, in which Judge Samuel A. Thumma and Judge Paul J. McMurdie joined.

OPINION

¶1 The issue before us is whether a plaintiff who is not an enrolled tribal member may bring a civil tort case in state court against an enrolled tribal member for conduct occurring within tribal reservation boundaries but on a stretch of land for which the State has been granted a highway right-of-way easement...

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