Legal Opinion

McCloud v. Kimbro

Court of Appeals of Arizona

Decided March 23, 2010No. 2 CA-CV 2009-0116PublishedCited by 4 opinions

1Opinion of the Court

OPINION

KELLY, Judge.

¶ 1 Appellant Brystal McCloud appeals from the trial court’s grant of summary judgment in favor of appellee Thomas Kimbro. She argues summary judgment was improper because a question of fact existed as to whether Kimbro had been acting within the scope of his public employment when the vehicle he was driving struck her car. Finding no error, we affirm.

Background

¶2 We view the facts in the light most favorable to the party opposing summary judgment and draw all reasonable inferences arising from the evidence in favor of that party. Prince v. City of Apache Junction, 185…

2Cases cited20 opinions

  1. Orme School v. ReevesArizona Supreme Court · 1990
  2. Prince v. City of Apache JunctionCourt of Appeals of Arizona · 1996
  3. McCloud v. STATE, DEPT. OF PUBLIC SAFETYCourt of Appeals of Arizona · 2007
  4. Michaleski v. Western Preferred Cas. Co.Supreme Court of Louisiana · 1985
  5. Baker v. Stewart Title & Trust of Phoenix, Inc.Court of Appeals of Arizona · 2000

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3Cited by4 opinions

  1. Aaron Engler v. Gulf Interstate Engineering IncArizona Supreme Court · 2012
  2. Engler v. Gulf Interstate Engineering, Inc.Court of Appeals of Arizona · 2011
  3. Higginbotham v. AN MOTORS OF SCOTTSDALECourt of Appeals of Arizona · 2012
  4. State v. CASTRONOVAArizona Supreme Court · 2010

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