Wiggs v. City of Phoenix

OPINION

THOMPSON, Presiding Judge.

¶ 1 This appeal arises out of a wrongful death action brought by the mother of Shon-na Wiggs, the deceased. Prior to trial, defendant City of Phoenix designated Arizona Public Service (APS) as a non-party at fault. At trial, the jury returned a defense verdict. The trial court granted plaintiffs new trial motion. Defendant City timely appealed and plaintiff cross-appealed. We have jurisdiction pursuant to Ariz.Rev.Stat. Ann. (A.R.S.) §§ 12-120.21 and 12-2101(F)(1).

*361¶ 2 The first issue we address in this appeal by defendant is whether plaintiff is entitled to a…