Pfeil v. Smith

OPINION

WEISBERG, Judge.

Roger Pfeil (“plaintiff”) appeals the trial court’s grant of summary judgment in favor of Jeanie Smith (“defendant”). Because plaintiff’s claim was not precluded by Ariz.Rev.Stat.Ann. (“AR.S.”) section 13-413, we reverse the trial court’s judgment.

FACTS AND PROCEDURAL HISTORY 1

In August 1990, defendant went to plaintiffs stereo repair shop to pay for and pick up her car stereo. Unfortunately, an argument ensued, during which defendant became verbally abusive and used profane language, causing a customer to summon the police. Before the police arrived, defendant, in an…