Thornton v. Marsico

DONOFRIO, Judge.

This appeal is from a judgment of the Superior Court, granting the third party defendants’ motion to dismiss the third party complaint for failure to state a claim.

Marsico, plaintiff in the original complaint, is a truck driver whose truck was in a collision with a highway patrol car owned by the defendant State of Arizona and driven by defendant Thornton, a highway patrolman. The collision occurred near Peach Springs, Arizona, on a detour built during construction on the Kingman-Ashfork highway.

The plaintiff filed a complaint alleging negligence of the highway patrolman while…