Roberto TORRES, et al., Plaintiffs/Appellees,
v.
JAI DINING SERVICES (PHOENIX), INC., Defendant/Appellant.
Supreme Court of Arizona.https://leagle.com/images/logo.png
Filed October 16, 2023.
Filed October 16, 2023.
Attorney(s) appearing for the Case
David L. Abney (argued), Ahwatukee Legal Office P.C., Phoenix; Robert F. Clarke , Clarke Law Offices, Phoenix; and Matthew D. Koglmeier , Koglmeier Law Group PLC, Mesa, Attorneys for Roberto Torres, Orlenda Guillen, Hernan Gastelum Rosas, and Maria Suarez.
Daniel Rubinov , Rafat H. Abdeljaber , RAJ Law PLLC, Phoenix, Attorneys for Amici Curiae Arizona Association for Justice/Arizona Trial Lawyers Association.
Amanda Heitz , Lauren Walter , Bowman and Brooke LLP, Phoenix, Attorneys for Amicus Curiae Arizona Association of Defense Counsel.
Camila Alarcon , Alarcon Law & Policy, P.L.L.C., Phoenix, Attorney for Amicus Curiae Arizona Restaurant and Hospitality Association.
Peter H. Schelstraete , Schelstraete Law Office, Tempe, Attorney for Amicus Curiae Arizona Licensed Beverage Association.
Richard P. Traulsen , Begam Marks & Traulsen P.A., Phoenix, Attorney for Amicus Curiae Mothers Against Drunk Driving (MADD Arizona Chapter).
Michael G. Bailey , Arizona Chamber of Commerce, Phoenix, Attorney for Amicus Curiae Arizona Chamber of Commerce.
CHIEF JUSTICE BRUTINEL authored the Opinion of the Court, in which JUSTICES BOLICK, LOPEZ, and BEENE joined. JUSTICE BOLICK issued a concurring opinion. VICE CHIEF JUSTICE TIMMER dissented.
CHIEF JUSTICEBRUTINEL, Opinion of the Court:
¶1 The Arizona Constitution guarantees that "[t]he right of action to recover damages for injuries shall never be abrogated." Ariz. Const. art. 18, § 6. This case requires us to consider whether that "anti-abrogation clause" extends to rights of action created after our constitution was ratified...
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