De La Cruz v. State

OPINION

FLÓREZ, Presiding Judge.

¶ 1 Appellants, the State of Arizona, the Industrial Commission, and its Division of Occupational Safety and Health (ADOSH) (collectively, the State), appeal from an adverse jury verdict in a "wrongful death action appellee Helen de la Cruz brought following the death of her husband, Rodolfo, in a construction accident. The State claims the trial court erred in denying its motion for a directed verdict, arguing it owed no duty to Rodolfo. 1 Because the existence of a duty is a legal question, Markowitz v. Arizona Parks Board, 146 Ariz. 352, 706 P.2d 364 (1985),…