The Arizona Supreme Court recognized fault can be allocated to a healthcare provider who commits malpractice while treating an accident victim in Cramer v. Mungia, decided July 18, 2016. Under common law, the original tortfeasor doctrine recognized that an original tortfeasor who causes injury will be held liable for any additional...
Construction defect litigation and insurance coverage is a quagmire. There are longstanding disputes over policy language and exclusions, public policy concerns, and in every individual case, significant questions regarding causation and damages. For the complete article, contact Humphrey & Petersen, P.C. at rdesk@humphreyandpetersen.com, or call (520) 795-1900.
Since we celebrated the Fourth of July last week, here are a few of my own thoughts on free speech. In 1919, Justice Oliver Wendell Holmes explained freedom of expression and free speech by using a metaphor of the "marketplace of ideas." He correlated the necessity of free speech with...
Children may be liable for both their negligent and intentional torts, although very young children (common law placed the age under seven years) may be deemed incapable. Parent(s) may also be held liable for their child's actions in several circumstances. These include: 1) Parent who signs driver's license application is jointly...
Attorneys do not enjoy the same First Amendment right to criticize judges as do ordinary citizens. At least that is what the Arizona Supreme Court held over thirty years ago, long before Facebook, blogs, and the internet came to rule. Attorneys may be disciplined for making certain negative comments of judges....