Table of contents
21.2.1 Physical Limitations
21.2.2 Children
21.2.3 Statutory Standards/Negligence Per Se
21.2.4 Voluntarily Assumed Duties
21.3.2 Specific Duties Owed Under Arizona Law
21.3.3 No Duty
21.3.4 Sudden Emergency Doctrine
21.3.5 Statutory Duties
21.4 Res Ipsa Loquitur
21.4.1 Elements for Res Ipsa Loquitur
21.4.2 Negligence Must Be the Likely Cause of the Event
21.4.3 Defendant Must Control the Instrumentality Causing Injury 21.4.4 Voluntary Action on the Part of Plaintiff
21.4.5 Inability to Show Particular Circumstances That Cause Instrumentality to Injure
21.4.6 Force of Inference Created by Res Ipsa Loquitur
21.4.7 Evidence Sufficient for Judgment as a Matter of Law
21.5 Causation
21.5.1 Cause-in-Fact
21.5.2 Scope of Liability/Proximate Cause
21.5.3 Intervening, Superseding Causes
21.6.1 Special Damages
21.6.1.1 Past and Future Medical Expenses
21.6.1.2 Past and Future Wage Loss
21.6.1.3 Lost Profits
21.6.1.4 Property Damage
21.6.1.5 Loss of Service
21.6.1.6 Present Value of Future Economic Damages
21.6.2 General Damages
21.6.2.1 Loss of Consortium
21.6.2.2 Past and Future Pain and Suffering
21.6.2.3 Loss of Enjoyment of Life
21.8.1 Comparative Fault
21.8.2 Non-Parties at Fault
21.8.3 Exceptions to Comparative Fault
21.9 Joint and Several Liability
21.9.1 Acting in Concert
21.9.2 Acting as an Agent or Servant
21.11 Family Purpose Doctrine
21.12 Aiding and Abetting
21.14.2 Governmental Immunity
21.14.3 Tribal Immunity
21.14.4 Notice of Claim Statute
21.14.5 Immunity for Employers and Co-Employees
21.14.6 Immunity for Recreational or Educational Property Use
21.14.7 Emergency Treatment
21.14.8 Emergency Instructions
21.14.9 Gratuitous Emergency Care
21.14.10 Gratuitous Medical Care at Amateur Athletic Events
21.14.11 Acts Relating to Blood Products
21.14.12 Social Host Immunity
21.14.13 Students in Health Care Provider Program
21.14.14 Health Care Professionals in Non-Profit Clinics
21.14.15 Previous Owned Prescription Eyeglasses
21.14.16 Anatomical Gift Immunity
21.14.17 Volunteers for Hospitals or Governmental Entities
21.14.18 Horse Owners and Livery Stables
21.14.19 Builders of Baseball Facility
21.14.20 Parents of Malicious Minors
21.14.21 Salladay Doctrine
21.14.22 Privilege of Self-Defense
21.14.23 Privilege of Defense of Another
21.15 Contributory Negligence
21.15.1 Minor/Adult Capacity and Contributory Negligence
21.15.2 Imputation of Contributory Negligence
21.15.3 Rescue Doctrine and Contributory Negligence
21.15.4 Rescue Doctrine and Firefighter’s Rule
21.15.5 Doctrine of Avoidable Consequences
21.15.6 Seat Belt Defense
21.15.7 Helmet Defense
21.15.8 Assumption of the Risk
| Format | Title | File Size | Page Count |
|---|---|---|---|
| Negligence | 727.04 KB | 77 | |
| Negligence Jury Instructions | 286.72 KB | 18 |
Steven Gross is a litigator and has extensive experience handling complex insurance coverage, professional liability, and catastrophic personal injury defense matters. Mr. Gross serves as national and regional coverage counsel for two large insurance carriers and has appeared in state and federal courts in Arizona, California, Kansas, Oklahoma, New Jersey, New Mexico, Colorado, Nevada, Alaska, Georgia, Louisiana, Virginia, Pennsylvania, Connecticut, Virginia, South Dakota, South Carolina, North Carolina, Utah, and California. Mr. Gross speaks and writes frequently on insurance law topics and has been recognized by Best Lawyers in America since 2019 in the areas of Insurance and Insurance Litigation. He is a contributing author for Couch on Insurance 3d, a nationally recognized authoritative treatise on insurance law often recognized and relied upon by courts and attorneys throughout the United States. He is also authored chapter 9 of Practical Tools for Handling Insurance Cases which aims to filter complex insurance coverage issues into an easily readable and digestible format for attorneys across the country and is published by West in 2011. Mr. Gross is one of the two managing authors and editors selected by the Arizona State Bar to create the Arizona Tort Law Handbook which has sold hundreds of copies to lawyers throughout the State of Arizona. He has published over twenty articles relating to insurance coverage, liability defense, and claims practices including chapter eight of the national Claims Adjuster’s Automobile Liability handbook published by West in 2009. He has been listed by Southwest Super Lawyers since inception and maintains an AV Preeminent rating with Martindale-Hubbell. Mr. Gross maintains an active CPCU “Chartered Property and Casualty Underwriter” certification through The Institutes.
is a senior member of The Cavanagh Law Firm in Phoenix where he maintains a national insurance coverage and extra-contractual defense practice. He has an LL.M. in Insurance from the University of Connecticut. He is the current successor author to COUCH ON INSURANCE 3D and has written other treatises on insurance law. He has published in excess of 350 law reviews and other professional publications on insurance law, in addition to several national insurance law treatises. He has been cited by the Supreme Courts of 34 states, the Intermediate Appellate Courts in 23 states, 12 of the Federal Circuit Courts of Appeal, 60 Federal District Courts, and the Federal Court of Claims. He has been cited in 95 scholarly articles. He has been continuously listed as a top 50 lawyer in Arizona (2007-2020) by Southwest Super Lawyers®. Only a few lawyers have been continuously on the list since its inception. He is recognized as a "Business Leader" (insurance) by Arizona Business Magazine and has been listed by Arizona Business Magazine as one of the top 100 lawyers in Arizona. Mr. Plitt has been listed in Best Lawyers® since 2007 (10+ years) (insurance) and was named the Insurance Lawyer of the Year by Best Lawyers® in 2012 and 2017 for Phoenix. He is also listed in Best Lawyers for the topic "Litigation - Insurance," and was the Lawyer of the Year in this category in 2020. He is a Fellow in the American College of Coverage and Extra-contractual Counsel. He is a Member of the American Law Institute where he was a consultative member on the development of the Restatement of Liability Insurance. He is a nationally recognized expert witness in insurance claim handling and bad faith cases and has been retained as an expert in hundreds of cases venued in 33 states. He is a former adjunct Professor of Law at ASU College of Law teaching insurance law. He is currently an Adjunct Professor of Law at the University of Arizona where he teaches insurance law.
Timothy J. Thomason is a senior litigation partner at Dickinson Wright PLLC, the successor to Mariscal Weeks McIntyre & Friedlander, PA. Mr. Thomason is a trial lawyer who has tried dozens of cases to juries and courts in all areas of civil practice. He focuses his practice on professional liability defense, real estate litigation and general commercial cases. Mr. Thomason started his career at Streich Lang Weeks & Cardon in 1984. After Streich Lang merged with Quarles & Brady in 2000 Mr. Thomason moved to Mariscal Weeks. Mr. Thomason is a fellow in the American College of Trial Lawyers and was named the 2013 Real Estate Litigator of the year in Arizona. He is listed in Southwest Super Lawyers as one of the top 50 lawyers in the state. He is the incoming board president of Childsplay, Arizona’s national renowned theatre for young people. He is also a judge pro tem of the superior court.