Legal Opinion
Fleming v. State Department of Public Safety
Arizona Supreme Court
Decided July 9, 2015No. CV-14-0315-PRPublishedCited by 18 opinions
1Opinion of the Court
Vice Chief Justice PELANDER,
opinion of the Court.
¶ 1 Under A.R.S. § 12-820.02(A)(7), public entities and employees enjoy qualified immunity from liability for an injury to a motor-vehicle driver that is attributable to the driver’s violation of statutes prohibiting reckless driving and driving while under the influence of alcohol or drugs. Today we hold that § 12-820.02(A)(7)’s qualified immunity applies only when the driver was injured while driving or in actual physical control of a motor vehicle.
I
¶ 2 The material facts are undisputed. Department of Public Safety (“DPS”) Officer Scott…
2Cases cited16 opinions
- Sparks v. Republic National Life InsuranceArizona Supreme Court · 1982
- Fidelity Security Life Insurance v. StateArizona Supreme Court · 1998
- Diana Glazer v. State of ArizonaArizona Supreme Court · 2015
- Clouse Ex Rel. Clouse v. StateArizona Supreme Court · 2001
- Orca Communications v. Ann Noder Et vir/pitch PublicArizona Supreme Court · 2014
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- David C., Kim C. v. Alexis S., A.C.Arizona Supreme Court · 2016
- Berndt v. Arizona Department of CorrectionsCourt of Appeals of Arizona · 2015
- JH2K I LLC v. Ariz. Dep't of Health Servs.Court of Appeals of Arizona · 2019
- Ramsey v. Arizona Registrar of ContractorsCourt of Appeals of Arizona · 2016
- City of Phoenix v. Glenayre Electronics, Inc.Court of Appeals of Arizona · 2016
13 more not listed; retrieve them via the Exa API.