Hunter Contracting Co. v. Superior Court

OPINION

FIDEL, Judge.

In this special action, we consider the constitutionality of Arizona Revised Statutes Annotated (“A.R.S.”) § 12-2602 (Supp.1996), which requires a party asserting a claim against a registered professional or contractor to submit an expert affidavit with the claim. We hold that the statute violates the Equal Protection Clause of the Arizona Constitution.

I. BACKGROUND

While driving near a construction zone at the intersection of 136th Street and Shea Boulevard in Scottsdale, Arizona, Real Party in Interest Joseph J. Grandinetti struck a barricade lying on its side in the…