JSH Reporter Summer 2016 - Page 7

APPELLATEHIGHLIGHTS 007 featured case May 19, 2016 *Handled by JSH Appellate Counsel* Soto v. Sacco (Arizona Court of Appeals, Division One) Order granting remittitur must be signed to constitute a “final order,” despite the conditional language of Rule 59(i), because the conditional nature of a remittitur order does not alter the fact that it operates to either grant or deny a new trial. MORE INFORMATION: http://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2016/CV%2015-0092.pdf February 5, 2016 January 19, 2016 American Power Products Inc. et al v. CSK Auto Inc. Murray v. Farmers Insurance Company (Arizona Supreme Court) Allows emotional distress damages for professional negligence claims for the first time in AZ, and grants standing to beneficiaries of insurance contracts to sue directly. When juror asked how long deliberations usually lasted, bailiff’s response that “an hour or two should be plenty” was improper, but did not require evidentiary hearing before denial of plaintiff’s motion for a new trial. MORE INFORMATION: http://www.azcourts.gov/Portals/0/OpinionFiles/ Supreme/2016/CV140261PR.pdf (Arizona Court of Appeals, Division Two) MORE INFORMATION: https://www.appeals2.az.gov/Decisions/ CV20140123OPN.pdf December 3, 2015 February 2, 2016 Alcombrack v. Ciccarelli Carter v. The Pain Center of Arizona (Arizona Court of Appeals) (Arizona Court of Appeals) A couple that defaulted on a house owed no duty to a locksmith who was shot and seriously injured by the couple’s tenant. Overturns defense verdict in medical malpractice conditional consent case. MORE INFORMATION: http://www.azcourts.gov/Portals/0/OpinionFiles/ Div1/2016/1%20CA-CV%2014-0672.pdf January 21, 2016 Watts v. Medicis Pharmaceutical Corp. (AZ Supreme Court) Arizona’s high court decides products liability case of first impression and adopts learned intermediary doctrine. MORE INFORMATION: http://www.azcourts.gov/Portals/0/OpinionFiles/ Supreme/2016/CV150065PR.pdf MORE INFORMATION: http://www.azcourts.gov/Portals/0/OpinionFiles/ Div1/2015/CV%2013-0148.pdf August 27, 2015 Fidelity Nat. Title Ins. Co. v. Centerpoint Mechanic Lien Claims, LLC (Arizona Court of Appeals) Purported “Morris agreement” between insureds, as owners of a deed of trust, and insureds’ wholly owned entity that had purchased lien claims from claimants was outside the permitted parameters of Morris and was therefore unenforceable against title insurers. MORE INFORMATION: http://www.azcourts.gov/Portals/0/OpinionFiles/ Div1/2015/1%20CA-CV%2012-0721%20and%201%20CACV12-0726.pdf