Schmidt, Sethi & Akmajian Blog

Latest from Schmidt, Sethi & Akmajian Blog

According to a report in the Arizona Daily Star this weekend, a 9-year-old childdied on Friday after a large metal gate at an elementary school in Tucson fell onthe child as she was helping to close it. Other news outlets reported the child wasa girl.
The incident took place at Centennial Elemen…
Continue Reading Nine Year Old Tucson Child Killed By Falling School Gate

Greek life is a big part of the college experience at the University of Arizona and Arizona State University.  It offers camaraderie and a sense of community to many students. It also the hub of significant social activity and parties. Unfortunately, the fraternity party scene can sometimes lead …
Continue Reading Holding Greek Life Fraternity Houses Liable for Underage Drinking and Injuries

Avita v. Crisis Preparation & Recovery, Inc., No CV-22-0288-PR (October 16, 2023) (J. Bolick) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2023/CV220288PR.pdf
A.R.S. § 13-3620(A) CREATES A DUTY TO REPORT PRIOR BUT NOT FUTURE HARM FROM CHILD ABUSE, NEGLECT OR ENDANGERMENT AND COMMON LA…
Continue Reading Torts: Duty to Third Parties to Warn of Risk of Future Harm/Child Abuse

Do v. Arizona Bd. Of Regents, No. 1 CA-CV 22-0752 (App. Div. I, October 19, 2023( (J.Foster) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/Do%20v.%20ABOR%20-%20Final.pdf
WHERE ADMINISTRATIVE AGENCY HAS NO RULE GOVERNING HOW TO NOTIFY A PARTY OF ITS DECISION, A.R.S § 12-904(A) REQUIRE…
Continue Reading Civil Procedure/Administrative Law: Notice Requirement for Administrative Order

Torres v. JAI Dining Services, Inc., No. CV-22-0142-PR (October 16, 2023) (C.J. Brutinel) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2023/CV220142PR.pdf
ARIZONA CONSTITUTION ANTI-ABROGATION CLAUSE DOES NOT PROHIBIT LEGISLATURE FROM LIMITING COMMON LAW DRAM SHOP ACTIONS BECAUSE DRAM …
Continue Reading Torts: Arizona Constitution Anti-Abrogation Clause Inapplicable to Legislation Regulating Dram Shop Actions

Western Millwork v. Industrial Comm’n, No. 1CA-IC 22-0038 (App. Div. I, September 21, 2023) (J. Catlett) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/IC%2022-0038%20Zerby.pdf
DEATH OR INJURY FROM COVID-19 TRACEABLE TO INTERACTIONS WITH AN INFECTED COWORKER WHILE ON DUTY IS COMPENSAB…
Continue Reading Workers’ Compensation: Death or Injury from COVID-19 Compensable

Bariatric surgery to combat obesity is performed over 250,000 times a year in the U.S.  The results are often successful, but the surgery carries with it numerous potential complications, including infection, diet limitations, and hernia.
However, another complication is also possible—Warneke’s …
Continue Reading SHORT-TERM MEMORY LOSS AFTER BARIATRIC SURGERY WARNEKE’S ENCEPHALOPATHY

Roebuck v. Mayo Clinic, No. 1 CA-CV 22-0508 (App. Div. I, September 19, 2023) (J. Cruz) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-CV%2022-0508%20-%20Roebuck%20final%20OP.pdfARTICLE 18 § 6 OF ARIZONA BARS LEGISLATURE FROM ELIMINATING SIMPLE NEGLIGENCE IN MEDICAL MALPRACTICE …
Continue Reading Torts: Medical Negligence Claims Regarding Medical Care Related to the Pandemic Preserved By Anti-Abrogation Clause of AZ Constitution Revoking Statute Eliminating Them in Favor of Gross Negligence and Willful Conduct

Cocchia v. Testa, No. 1 CA-CV 22-0571 (App. Div. I, September 12, 2023) (J. Catlett) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/CV%2022-0571%20Cocchia.pdf
DEFENDANT CAN RAISE LACK OF PERSONAL JURISDICTION IN STATE WHERE JUDGMENT IS OBTAINED OR IN THE STATE WHERE ENFORCEMENT OF THE…
Continue Reading Jurisdiction: Personal Jurisdiction & Issue Preclusion Regarding Judgment in Foreign Jurisdiction

North Shore Condominium Ass’n v. Wan-Tsing Kwang, No. 1 CA-CV 22-0641 (App. Div. I, September 14, 2023) (J. Campbell) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/CV%2022-0641%20North%20Shore%20OP.pdfARBITRATION AWARD ADDING FEES AND COSTS TO AMOUNT AWARDED IN “NOTICE OF DECISION”  I…
Continue Reading Compulsory Arbitration Awards: Validity of Untimely Arbitration Award

Campion v. City of Tucson, No. 2 CA-CV 2022-0046 (App. Div. II, September 11, 2023) (J. Eppich) https://www.appeals2.az.gov/decisions/CV20220046Opinion.pdf
A.R.S. § 12-820.03(A) GIVES TRIAL COURT DISCRETION TO BIFURCATE LIABILITY AND DAMAGE ISSUES FROM THE APPLICABILITY OF A GOVERNMENTAL IMMUNIT…
Continue Reading Torts: Governmental Immunity/Disclosure Obligations

Morales v. Coffey, No. 1 CA-SA 23-0040  (App. Div. I, August 10, 2023) (J. Perkins) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-SA%2023-0040%20Morales%20v.%20Coffee.pdf
IN HIGHWAY DESIGN CASE AGAINST GOVERNMENT, A.R.S. § 12-820.03(B) REQUIRING TRIAL COURT TO BIFURCATE ISSUES…
Continue Reading Trial—Bifurcation of Trial on Defenses From Liability and Damages in Suit Against Government for Negligent Highway Design