Justia Arizona Supreme Court Opinion SummariesArticles Posted in Transportation Law
State ex rel. Brnovich v. City of Phoenix
The Supreme Court held that the constitutional prohibition on state and local governments from imposing or increasing taxes or other "transaction-based" fees on services does not extend to "trip fees" imposed by the City of Phoenix on commercial ground transportation providers who transport passengers to and from an airport.The Attorney General filed a special action pursuant to Ariz. Rev. Stat. 41-194.01(B)(2) asking whether the City's newly adopted ordinance adjusting passenger pick-up fees and imposing new trip fees for dropping off departing passengers at the Phoenix Sky Harbor International Airport violates Ariz. Const. Art. IV, 25 as to commercial ground transportation providers. The Supreme Court held (1) the ordinance does not violate section 25 because the fees are not "transaction-based"; and (2) the bond provision in section 41-194.01(B)(2) is incomplete and unintelligible and therefore unenforceable. View "State ex rel. Brnovich v. City of Phoenix" on Justia Law
Nunez v. Prof’l Transit Mgmt. of Tuscon, Inc.
Linda Brown sued a common carrier and its driver (SunTran) after sustaining serious injuries from being thrown from her wheelchair when the bus she was riding braked sharply. SunTran requested the judge to instruct the jury that common carriers have a duty to passengers to exercise reasonable care under the circumstances. The judge rejected that instruction and instead instructed that a failure to exercise the highest degree of care under the circumstances was negligence. The jury awarded compensatory damages. The court of appeals affirmed. At issue on appeal was whether a common carrier has a duty to exercise the highest degree of care practicable under the circumstances or only the duty to exercise reasonable care. The Supreme Court vacated the court of appeals, holding that the general negligence standard, reasonable care under all the circumstances, applies. Remanded for a new trial. View "Nunez v. Prof'l Transit Mgmt. of Tuscon, Inc." on Justia Law