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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

Arizona Preliminary Med Mal Expert Affidavit Requirement Constitutional

Torts—Medical Malpractice—Preliminary Expert Opinion Affidavit Constitutional

 

Jilly v. Rayes, 555 Ariz. Adv. Rep. 33 (App. Div. I, April 30, 2009) (Justice Thompson)

 

ARS 12-2603 REQUIRING EXPERT AFFIDAVIT THAT MEDICAL DEFENDANT BREACHED STANDARD OF CARE DOES NOT UNCONSTITUTIONALLY IMPINGE ON COURT’S SEPERATE RULEMAKING POWER

 

Plaintiffs sued defendant doctors for the wrongful death of Cora Carter. They did file an affidavit certifying an expert was required to prove the standard of care and that the standard was breached in this case.  The plaintiffs took the position the statute requiring this affidavit was an unconstitutional violation of the separation of powers and rule making function of the courts.

 

The Court of Appeals disagreed with the trial court and held the statute constitutional in that is merely supplements and does not infringe upon or supplant the court’s applicable rules. Further it does not put plaintiff’s at an unfair disadvantage since the early disclosure of this expert affidavit can be modified and ordered for a later date by the court and this expert need not testify at trial so is not necessarily an unfair requirement for early disclosure of plaintiff’s expert. 

Appraiser liable to home buyer for negligent appraisal
Posted by: Ted Schmidt
June 12, 2009

Torts—Appraiser Liable for Negligence to Buyer

 

Sage v. Blagg Appraisal Co., 555 Ariz. Adv. Rep 22 (App. Div. I, April 30, 2009) (Justice Johnsen)

 

REAL ESTATE APPRAISER CAN BE LIABLE TO BUYER ON PURCHASE MONEY MORTGAGE FOR NEGLIGENCE IN PERFORMING APPRAISAL

 

Buyer offered to purchase seller’s home subject to an appraisal.  The appraiser allegedly failed to properly measure the home, overestimated the square footage and allegedly gave an inflated and unreasonable appraisal.  In reliance upon the allegedly negligently prepared appraisal buyer closed on the house. Buyer learned of a 569 feet discrepancy in the square footage a year and a half later when attempting to refinance. Buyer sued the appraiser alleging she would not have purchased the home if the appraisal had been done appropriately which would have revealed her offer was too high.

 

Defendant appraiser moved for summary judgment claiming he owed no duty to the seller.  The Court of Appeals disagreed finding that Restatement section 552 (Second) of Torts creates the duty when as here the appraiser knows the lender intends to furnish the appraiser to the buyer.  To hold otherwise would be to require the buyer to hire her own appraiser to obtain the same information she needs for the purchase that the lender needs.

 

The appraiser is liable to the buyer for negligence in the appraisal process.

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