 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Badia v. City of Casa Grande3/16/1999
alking with" Perez when Harrison and Murrillo came to pick her up, but could not actually recall any officer being there. In fact, Harrison did not recall seeing any police officers at the substation and testified that she "would be lying" to suggest otherwise. Thus, contrary to plaintiff's contention, there is no evidence that any of the defendant officers actually saw any altercation between Perez and Murrillo. Their failure to intervene in an incident of which they were unaware, therefore, does not constitute gross negligence.
In addition, there is no evidence that Perez informed the police when Murrillo arrived with Harrison that she did not want to leave with him. Although Harrison testified that an unidentified dispatcher at the county substation had told her by telephone that Perez had asked that Harrison come without Murrillo to pick her up, there is no evidence that the dispatcher shared that information with any of the officers either before or after Murrillo arrived with Harrison. Nor is there evidence that the dispatcher had any relationship to or contact with the defendants.
Viewing all the evidence in the light most favorable to plaintiff, we conclude that a reasonable trier of fact could not find gross negligence in this case. Plaintiff failed to present any evidence that defendants "act or fail to act" knowing or objectively having reason to know that their actions "create an unreasonable risk of bodily harm to [Perez] . . . involve a high probability that substantial harm [would] result." Walls, 170 Ariz. at 595, 826 P.2d at 1221. In addition, based on this record, a reasonable trier could not find that defendants' alleged acts or omissions proximately caused Perez's death. Therefore, the trial court properly granted summary judgment for defendants on plaintiff's state law claim.
DISPOSITION
The trial court's order granting summary judgment for defendants on all claims is affirmed. In view of our affirmance, plaintiff is not entitled to attorneys' fees below or on appeal.
JOHN PELANDER, Presiding Judge
CONCURRING:
WILLIAM E. DRUKE, Chief Judge
M. JAN FLOREZ, Judge
Page 1 2 3 4 5 6 7 8 9 Arizona DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|