Wiggs v. City of Phoenix

OPINION

MARTONE, Justice.

¶ 1 We granted review in this wrongful death case to decide whether our comparative fault statute, A.R.S. § 12-2506, preserves vicarious liability for an independent contractor’s negligence when the employer of that independent contractor has a non-dele-gable duty. We conclude that it does.

I

¶ 2 Wiggs’ daughter was hit and killed by an automobile while crossing a City of Phoenix street at dusk. There was conflicting evidence on whether the streetlight was on at the time of the accident.

¶ 3 Wiggs brought a wrongful death action against the City, alleging improper…