Hauskins v. McGillicuddy

OPINION

GRANT, Presiding Judge.

This case is an appeal from a summary judgment holding that an attorney’s failure to timely file a claim against the State constituted “excusable neglect,” as a matter of law, for purposes of Ariz.Rev.Stat. Ann. (“A.R.S.”) section 12-821 (authorization of claim against public entity or public employee). Because we hold that the issue of what constitutes attorney “excusable neglect” for purposes of A.R.S. section 12-281 is a question of fact for a jury, we reverse and remand for further proceedings consistent with this opinion.

FACTS & PROCEDURAL HISTORY

In…