Franklin v. Clemett

OPINION

NORRIS, Judge:

¶1 The controlling issues in this case are whether the affirmative defense of intoxication established by Arizona Revised Statutes (“A.R.S.”) section 12-711 (2016) violates the contributory negligence and anti-abrogation provisions of the Arizona Constitution, conflicts with Arizona’s comparative fault statutes, or is unconstitutionally vague. We hold A.R.S. § 12-711 is not unconstitutionally or statutorily infirm and, accordingly, affirm the superior court’s judgment.

FACTS AND PROCEDURAL BACKGROUND 1

¶2 On February 14, 2009, Plain-tiffiAppellant Mark William Franklin and…