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"Strict" Products Liability Dead in Arizona?
Abuse and neglect is still rampant in nursing homes
Architect Can Be Liable for Economic Loss Caused by Negligence
Arizona Court of Appeals Holds Crop Dusting is Still an Inherently Dangerous Activity
Arizona Court of Appeals Rules Excessive Punitive Damages Unconstitutional
Arizona Legislature "tort reform" statute does not violate State Constitution Separation of Powers
Arizona Preliminary Med Mal Expert Affidavit Requirement Constitutional
Arizona Statute Update
Arizona Supreme Court Announces Guidelines for Notice of Claim in Class Action
Arizona Supreme Court Brings Reason to Notice of Claim Requirements
Arizona does not recognize a first or third party claim for spoilation of evidence
Asserting 5th Amendment in Civil Action Creates Inference of Guilt
Asserting 5th Amendment in Civil Action Creates Inference of Guilt
Attorney Can Be Liable for Malicious Prosecution & Aiding and Abetting
Attorney Malpractice Claim Requires Proving Case Within a Case
Attorneys' Fees Properly Awarded After Voluntary Dismissal
Bar Owner's Responsibility for Drunk Drivers
Bizzare and Dangerous Side Effects of Anti-Nausea Drug
Burns and Burn Injuries
Bush Administration Policies Show Disdain for Consumer Safety - Pre-Emption
Business Interruption Insurance Where Expansion of Business Collapses
Car Dealer's Insurance Policy Doesn't Cover "Customers"
Causation Expert Can Opine on Standard of Care says New Court of Appeals Case
Charter School not State Actor in Employment Matters
Child Crawls through Pet Door Drowns in Pool
Children face greater harm from medical mistakes
Compulsory Arbitration Sanctions in Arizona Mandatory
Confession to Clergyman Priviliged Even if Wife Present
Constitutional Comparisons with Japan
Consumer Safety -- Toys
Court Interpreter Qualifications For Trial Judge To Determine
Court of Appeals Announces Criteria for Admissibility of Expert Testimony in Medical Malpractice Case
Court of Appeals Protects Insurance Company Right to Intervene
Damages
Damron/Morris Agreements May Apply to Non-Insurance Contracts to Indemnify
Damron/Morris Agreements May Apply to Non-Insurance Contracts to Indemnify
Dangerous Diet Aids Pulled From the Shelves
Deadly Pacemaker Wires
Deadly Peanut Butter Kills 8, Sickens Hundreds Nationwide
Deadly Peanut Butter Kills 8, Sickens hundreds Nationwide
Discovery Sanction of Striking Complaint
Doctor/Patient Privilege No Bar to Identity of Patient Witnessing Fall of Plaintiff's Decedent
Drunk Driver's Right to Sue State Limited
Economic Loss Doctrine Bars Tort Claims for Construction Defects
Electoral College Part I: What is it?
Electoral College Part II: Where does the Electoral College come from and why do we still have it?
Employer's Liability for Acts of Employee
Employer's Liability for Acts of Employee--Part II Scope of Employment
Employer's Responsibility for Acts of Employee Part II
Epilepsy drug causes drop in child?s IQ when taken by pregnant mother
Evidence of Signs Posted After Accident Inadmissible
Evidence of Violation of OSHA Can Help Prove Standard of Care
Failure to Attend Arbitration Grounds for Dismissing Appeal
Failure to Warn and Federal Preemption
Forum Non Conveniens not Applicable Where Product sold in Arizona to Arizona Resident
Half of hospital workers don't wash their hands properly
IME Doctor Can be Liable for Negligent Diagnosis
IME doctor not Liable for "Aiding and Abetting" Insurance Co. in Bad Faith Denial of Workers Comp Claim
Injuries or Death on Someone Else's Property--What is an Invitee?
Insurance Bad Faith
Interest on Judgment Against State
Knowing the signs of stroke can save your life
LED Lights Safer for Bike Riders and Pedestrians
Lawsuits Against Lawyers for Negligence in the Representation on the Rise
Medical Malpractice
Medical Malpractice Statute Requiring Affidavit Constitutional
Medical Negligence--Informed Consent
Medical Negligence--The Standard of Care
Negligence--failure to use reasonable care
New 9th Circuit Case--Tribal Immunity bars dram shop & negligence claims
New Arizona Case - Expert Affidavit
New Arizona Case - Expert Witness Qualification
New Arizona Case - Governmental Immunity
New Arizona Case - Insurance Reservation of Rights
New Arizona Case - Notice of Claim
New Arizona Case - Notice of Claim
New Arizona Case - Pleadings
New Arizona Case - Statute of Frauds
New Arizona Case - Taxable Costs
New Arizona Case Decides Timliness of Request for Fees and Rule 11 Sanctions
New Arizona Case: Indemnity Agreement Raises Fact Questions
New Arizona Case: Liability Limitation in Contract Upheld
New Arizona Case: Punitive Damages Survive Death/ Loss Enjoyment of Life Damages Do Not Survive Death
New Arizona Supreme Court Case Explains How Class Representatives Comply with Notice of Claim Statute
New Court of Appeals Case on NonParty at Fault Designations, Liquidated Damages and Rule 68 Sanctions
New Court of Appeals Decision Holds Summary Judgment is not a Discovery Sanction
No Right to Appeal Denial of Motion for New Trial Based Upon Granting of Partial Summary Judgment
No Right to Second Notice of Change of Judge After Case Consolidation
Nonparty not Boundby Protective Order
Notice of Claim--Factual Support for Damage Amount Minimal
Notice of Claim?Factual Support for Damages and Negligent Failure to Identify Dead Body
Offer of Underinsured Motorist Coverage Should be in Spanish
Our Results
Patients Injured by Az Dept of Health and its Agencies Can Sue
Pet is Personal Property so no Emmotional Distress Damages for Pet's Death
Pool Filters Can Explode and Maim and Kill
Private Arbitration Rules Strictly Enforced
Products Liability
Qualified Immunity from Defamation Claim when Reporting Medical Misconduct
Records of Dangerous Fire Causing TV One Step Closer to Release
School Board Must be Served with Notice of Claim
Scope of Discovery of Expert Bias
Seat Belt Use Key in Auto Products Liability Case in Arizona
Sedona Sweat Lodge Tragedy
Sexual Assualt Case Settles for $850,000-University Must Revamp Rules
Social Networking: Be Careful What You Share
Spinal Cord Injury
State Tort Claims Not Preempted by Manufacturer's Voluntary Product Replacement
State Tort Claims Not Preempted for Failure to Warn Regarding Generic Drug
State of Arizona can Assert Lien Rights for Medical Expenses Paid State Employee against Tort Recovery
Statute of Limitations on Legal Malpractice in Handling Bankruptcy Action
Steroids and our Youth--Can Coach be Liable?
Summary Judgment is not a Discovery Sanction
Supreme Court Rules on "Reverse Discrimination."
Supreme Court Heightens Standard in Fear of Cancer Claims
Supreme Court Rules that Strip Search of 13-year-old Student was Unconstitutional
Supreme Court's Decision a Stunning Blow for Partisan Judicial Elections
Tardy Filing of Cost Bond Does Not Destroy Superior Court Jurisdiction of Appeal from Mandatory Arbitration
The ?Eggshell Rule? In Negligence Actions
Thousands of Nursing Homes Flunk Medicare Rating Test
TopicHealthcare Reform 101: What is it Exactly that Capitol Hill is Trying to Change About Our Healthcare System?
Tort Damages Allowed Where no Personal Injury or Personal Property Damage
Trial Court May Set Time Limits on Witness Examination
Tucson Cell Tower Worker Falls 65 Feet and Dies -- Who Is Responsible?
U.S. Supreme Court Ok?s Photo ID Law to Vote
United States Supreme Court Holds State Tort Claim for Failure to Warn not Preempted
Vick's Vapo Rub May Cause Breathing Problems in Toddlers
What is a Wrongful Death Action and Who can Bring It?
What to Do if You are in an Auto Accident
What to do if You are Involved in an Auto Accident--Part II Injuries
When Supersedeas Bond May be Less than Judgment
Worker's Comp Bad Faith Action Includes Traditional Tort Damages
eBay Seller in Michigan Safe from Lawsuit in Arizona

New Arizona Case: Punitive Damages Survive Death/ Loss Enjoyment of Life Damages Do Not Survive Death

Torts  – Damages – Loss  Enjoyment of Life & Punitives

 

Quintero v. Rogers., 543 Ariz. Adv. Rep. 29 (Az Ct. App. Div. 1, November 18, 2008) (Judge Irvine).    LOSS OF ENJOYMENT OF LIFE DAMAGES EXPIRE WITH THE DECEDENT BUT PUNITIVE DAMAGES DO NOT.

 

Soto was injured in an automobile accident and sued adverse driver Rodgers.  During the pendency of the injury claim arising out of this automobile accident Soto died in an unrelated work place accident.  The plaintiff Elizabeth Quintero was substituted into the action as plaintiff upon Luis Soto’s death.

 

Thereafter the defendant brought a Motion for Summary Judgment claiming that   Soto’s claims for “loss of enjoyment of life” and punitive damages were extinguished with the plaintiff's death.

 

The court examined Arizona’s survival statute, Arizona Revised Statute §14-3110 and found “pain and suffering” damages do not survive death and “lost enjoyment of life” damages are but a species of pain and suffering.

 

In contrast, the court held that the survival statute does not preclude an award of punitive damages.  Punitive damage are “not aimed at compensation but principally at retribution and deterring harmful conduct.”  Because they do not compensate for the victim’s injuries, they survive the victim’s death unless the survival statute says otherwise and the court finds it does not.

 

Finally the court overturned the trial court’s granting of summary judgment on the question of punitive damages.  The court found that although generally exceeding the speed limit is insufficient by itself to support punitive damages here the records indicated Rodgers had been weaving in and out of traffic and that he plead guilty to reckless driving and endangerment.  Rodgers admission guilt for recklessness based and resulting misdemeanor convictions are binding admissions upon him in Quintero’s suit.  His reckless behavior is the precise conduct Rawlings cited  as an example of when a jury may find punitive damages appropriate. 

 

If you or a loved one have been seriously injured or killed by the carelessness of another contact us, we may be able to help.