Justia Arizona Supreme Court Opinion Summaries

Appellees Randall and Penny West were charged with child abuse after an infant in their foster care died from severe head trauma. During their joint trial, each moved for an acquittal at the close of the State’s case and after the close of evidence. The trial court denied those motions. The jury found both guilty on child abuse charges. After the trial, Appellees renewed their motions for acquittal which this time was granted by the trial court. The court held that there was no evidence to prove who injured the child. The appellate court reversed the trial court’s decision granting Appellees’ motions. The appellate court used the Supreme Court’s holding in the “Hyder” case. Upon review of this case, the Supreme Court overturned its holding in “State ex rel. Hyder v. Superior Court” (“Hyder”), which placed conditions on trial courts’ granting of post-verdict motions for acquittal. The Court held that the “Hyder” case was now inconsistent with state law. In this case, the trial judge thoroughly explained his reasons for granting defendants’ post-verdict motions. Because the appellate court reviewed the trial court’s ruling under “Hyder” conditions, it did not determine whether the trial court’s record reflected substantial evidence to warrant the convictions. The Supreme Court vacated the appellate court’s decision, remanded the case for the lower court to address the sufficiency of the evidence and the merits of the trial court’s decision.View "Arizona v. West " on Justia Law

A state administrative rule provides that a physician should rate an injured worker's impairment using standards set forth in the "most recent edition" of the American Medical Association Guides to the Evaluation of Permanent Impairment (AMA Guides). Appellee Jesus Gutierrez injured his back in 2007 while working for a framing company. His claim for workers' compensation was accepted and he received medical treatment. The treating physician later released Appellee to return to work with physical restrictions. Concluding that Appellee was not permanently impaired, the insurance carrier (the "carrier") closed the claim. Appellee requested a hearing to challenge the "no impairment" determination. At the Industrial Commission of Arizona (ICA) hearings, the Administrative Law Judge (ALJ) heard testimony from two physicians: Appellee's treating physician and one presented by the carrier. Appellee's physician relied on the Fifth Edition of the AMA Guides; the carrier's physician relied on the Sixth Edition. Based on the insurance carrier's expert, the ALJ found that the carrier did not err in closing Appellee's claim. On special review, the appellate court affirmed the ALJ's decision. The issue before the Supreme Court was framed to address whether "the most recent edition" as specified in the Arizona Administrative Rules refers to the edition that was most recent when the Rule was promulgated or the latest edition existing when the claimant's impairment was rated. The Supreme Court on review of the lower courts' decisions found that the Rule's "fair and sensible meaning" anticipated that the guides would change and that "an evolving standard was intended." The Court affirmed the award and decision of the ICA.View "Guttierez v. Industrial Commission of Arizona" on Justia Law

In April 2008, plaintiff American Asphalt sued CMX for professional negligence and breach of implied warranty. On October 1, 2008, the superior court issued an order informing plaintiff that if it did not file a motion to set as required by Ariz. R. Civ. P. 38.1(e), the case would be placed on the inactive calendar after January 20, 2009 and dismissed without further notice after March 23, 2009. American did not file a motion to set and the case was dismissed without further notice on April 29, 2009. Plaintiff moved to set aside the dismissal, contending that its failure to comply with Rule 38.1(a) was excusable because it had substituted counsel around the time of the Rule 38.1(d) filing deadline. The superior court denied the motion. The court of appeals affirmed, finding no excusable neglect partly because the court's order provided notice as required by the rule. On review, the Supreme Court vacated the court of appeals' decision and remanded, holding that a notice issued several months prior to placing the case on the inactive calendar does not comply with the rule because the rule requires contemporaneous notice when a case is placed on the inactive calendar. View "American Asphalt & Grading Co. v. CMX, L.L.C." on Justia Law