Legal Opinion

Gibson v. Theut

Court of Appeals of Arizona

Decided March 12, 2019No. 1 CA-CV 17-0562Published

1Opinion of the Court

PERKINS, Judge:

*669¶1 Steven Gibson Jr. appeals from the superior court's orders dismissing his tort complaint for failure to state a claim pursuant to Arizona Rule of Civil Procedure ("Rule") 12(b)(6). In the course of a wrongful death suit brought against Gibson while he was a minor, the superior court appointed an attorney and a guardian ad litem ("GAL"), who was also an attorney, to defend Gibson's interests. The GAL contends he is entitled to absolute judicial immunity under Widoff v. Wiens , 202 Ariz. 383, 45 P.3d 1232 (App. 2002). Gibson's appointed attorney contends he too is protected by…

Also in this document: Concurring in part, dissenting in part.

2Cases cited15 opinions

  1. Kenneth O. Ashelman v. Hon. Gary Pope, Judge Division I, Mohave County Superior Court Mohave County Attorney's OfficeCourt of Appeals for the Ninth Circuit · 1986
  2. Coleman v. City of MesaArizona Supreme Court · 2012
  3. Cullen v. Auto-Owners InsuranceArizona Supreme Court · 2008
  4. Collins on Behalf of Collins v. TabetNew Mexico Supreme Court · 1991
  5. Marcus W. Rankin v. Wayne Howard and Jane Doe Howard, His Wife Joseph Alexander, Sr. And Esther Alexander, His WifeCourt of Appeals for the Ninth Circuit · 1980

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