Intoxication Defense Survives Challenge in Personal Injury Claim

By decision filed on October 25, 2016, the Arizona Court of Appeals upheld the validity of A.R.S. Sec. 12-711 (commonly known as the “Intoxication defense”) under the Arizona Constitution in the case of Franklin vs. Clemett.  Franklin, who had been consuming beer, was yelling obscenities toward a group of fans in the area where Clemett

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Non-material Misstatements Insufficient to Stop Foreclosure

On September 20, 2016, the Arizona Court of Appeals for Division One handed down its decision in Stauffer v. Premier Service Mortgage which involved an action brought to foreclose a deed of trust encumbering the plaintiffs’ residence. At the time they purchased their home, plaintiffs executed a note and deed of trust in favor of

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Real Estate Broker Not Liable for Personal Injuries Sustained by Client/Customer While Passenger in Agent’s Car

In order to show homes on the market, a real estate agent drove a client/customer in the agent’s vehicle to various location.  The client/customer was killed when the agent negligently became involved in an accident. As a result of his personal injuries, the client/customer’s beneficiaries sued not only the agent, but his “employer,” the real

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Valet Parking Company May Be Liable for Personal Injury

On June 21st, 2016, the Arizona Court of Appeals for Division One held that a valet company may be liable for negligently entrusting a vehicle left in its possession as a result of personal injury or death in the case of Verduzco v. American Valet.   The relevant facts of the case are that a patron

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