Wareing v. Falk

OPINION

TOCI, Judge.

This appeal presents one issue: under Arizona’s Uniform Contribution Among Tortfeasors Act (“UCATA”), may a defendant who has engaged in wilful or wanton misconduct receive the benefit of comparative fault principles, thus reducing the negligent claimant’s recovery?

We hold that because wilful or wanton misconduct is a degree of negligence in Arizona, and because the UCATA defines fault as “negligence in all of its degrees,” the UCATA permits apportionment of fault between a negligent claimant and a wilful or wanton defendant. Accordingly, we reverse and remand to the trial…