Robert Fleming v. State of Arizona, Az. Dept. of Public Safety, Gallivan

OPINION

MILLER, Presiding Judge.

¶ 1 Robert Fleming, conservator of the minor children of Faith Mascolino, appeals from a jury verdict in favor of the Arizona Department of Public Safety (DPS) related to Mascolino’s death. Appellant argues the trial court should not have permitted the jury to consider A.R.S. § 12-820.02(A)(7), which provides qualified immunity for a state entity if the injury is attributable to the claimant’s violation of statutes that prohibit driving under the influence and reckless driving. He also argues the court erroneously admitted evidence of Mascolino’s breath and…