Thomas v. First Interstate Bank of Arizona, N.A.

OPINION

HATHAWAY, Judge.

In this wrongful death action against First Interstate Bank, the issue on appeal is whether the comparative fault statute, A.R.S. § 12-2506, permits the allocation of fault between an allegedly negligent defendant, appellant First Interstate Bank, and a non-party (Patrick Slay), who commits a criminal act of murder. On plaintiffs’ Motion for Declaratory Judgment for interpretation of the statute, the trial court entered a formal judgment, certified under Ariz. R. Civ. P. 54(b), 16 A.R.S., granting plaintiffs’ motion and striking Slay as a non-party at fault. We conclude…