Courtney Cramer v. Hon. Starr/ munguia/bejarano

VICE CHIEF JUSTICE PELANDER,

opinion of the Court:

¶ 1 Under Arizona’s comparative fault regime, “[i]n assessing percentages of fault” in a personal injury action, “the trier of fact shall consider the fault of all persons who contributed to the alleged injury.” A.R.S. § 12-2506(B). In allocating fault, the trier may consider a nonparty’s negligence or fault if the defendant, pursuant to Arizona Rule of Civil Procedure 26(b)(5), gives notice that “a nonparty was wholly or partially at fault.” Id. In view of these statutory directives, we today hold that the common law “original tort-feasor…