Justia Arizona Supreme Court Opinion Summaries

Dudley Pounders, a New Mexico resident, was exposed to asbestos while working at a New Mexico power plant (Plant) more than thirty years ago. Dudley later moved to Arizona and, in 2008, was diagnosed with mesothelioma, a cancer associated with asbestos exposure. Dudley and his wife, Vicki, filed suit in Arizona against Defendants, including the successor-in-interest to the architect and design manager for three units at the Plant and the designer and manufacturer of industrial boilers used at the Plant. After Dudley died later that year, Vicki amended the complaint to assert claims for wrongful death. The trial court applied New Mexico substantive law to Vicki's claims, including New Mexico's statute of repose, which the court found applied to Vicki's wrongful death claim and barred the action. The court of appeals affirmed. The Supreme Court affirmed, holding that New Mexico substantive law applied to Vicki's wrongful death claim. View "Pounders v. Ensearch E&C, Inc." on Justia Law

In this case, the Supreme Court addressed whether an employer can be held vicariously liable for an after-work accident caused by an employee who was on an extended away-from-home assignment. The accident occurred when the employee was driving back to his hotel after dinner. The trial court granted summary judgment in favor of the employer. The court of appeals affirmed, holding that an employee on out-of-town travel status is not acting within the course and scope of his employment while traveling to or from a restaurant for a regular meal. The Supreme Court affirmed, holding that because the employee was not subject to his employer's control, he was not acting within the scope of his employment at the time of the accident, and therefore, the employer was not liable for the employee's actions. View "Engler v. Gulf Interstate Eng'g, Inc." on Justia Law