Vega v. Griffiths Construction, Inc.

JACOBSON, Presiding Judge,

specially concurring:

I concur in the result reached by the majority on the duty of care issue because I agree that this issue is controlled by the supreme court’s decision in Lewis v. N.J. *49Riebe Enter., 170 Ariz. 384, 825 P.2d 5 (1992), and this court is bound by Arizona Supreme Court decisions. However, I write separately to set forth what I perceive to be problems with that decision.

The Lewis court started its analysis by looking to Restatement of Torts § 414 (1965) (§ 414), not for the existence of a duty owed by Riebe (the general contractor) to Lewis (the…