Sonoran Desert Investigations, Inc. v. Miller

OPINION

HOWARD, Presiding Judge.

¶ 1 In the underlying wrongful death action filed by Lorna Hernandez, defendants Sonoran Desert Investigations, Inc., Michael Ghigo, Jose Howard, and Safeway, Inc. (collectively, SDI) moved for summary judgment based on A.R.S. § 12-712(B), which absolves a defendant from liability to a plaintiff who is injured while involved in a criminal act. The respondent judge found that § 12-712(B) im-permissibly removes the determination of contributory negligence or assumption of the risk from the jury in violation of article XVIII, § 5 of the Arizona Constitution and…