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AVITIA v. CRISIS PREPARATION AND RECOVERY

No. CV-22-0288-PR.

536 P.3d 776 (2023)

Samuel AVITIA, Plaintiff/Appellant, v. CRISIS PREPARATION AND RECOVERY INC., Defendant/Appellee.

Supreme Court of Arizona.

Filed October 16, 2023.

Attorney(s) appearing for the Case

David L. Abney (argued), Ahwatukee Legal Office, P.C., Phoenix; Darius O. Bursh , Marc D. McCain , Zari Panosian , McCain & Bursh Attorneys at Law, P.C., Scottsdale; and Jill Kennedy , Kennedy Kemmet PLLC, Phoenix, Attorneys for Samuel Avitia.

Carol M. Romano (argued), Resnick & Louis, P.C., Scottsdale, Attorneys for Crisis Preparation and Recovery, Inc.

Lincoln Combs , O'Steen & Harrison, PLC, Phoenix, Attorneys for Amicus Curiae Arizona Association for Justice.

JUSTICE BOLICK authored the Opinion of the Court, in which CHIEF JUSTICE BRUTINEL and JUSTICES LOPEZ, BEENE, MONTGOMERY, and KING joined. VICE CHIEF JUSTICE TIMMER concurred in part, dissented in part, and concurred in the result.

¶1 In this case we are asked to decide whether mental health professionals have a statutory or common law duty to third parties for harm caused by a patient under their care. We hold that the statutory duty to report child abuse or neglect under A.R.S. § 13-3620(A) does not encompass reporting a risk...

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