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CITY OF TUCSON v. FAHRINGER

No. 2 CA-SA 88-0072.

162 Ariz. 159 (1988)

781 P.2d 637

CITY OF TUCSON, a municipal corporation, and the State of Arizona, Petitioners, v. Honorable Philip FAHRINGER, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Christopher James WESTLEY, a single individual, and Lyle Goodwin, a single individual, Real Parties in Interest.

Court of Appeals of Arizona, Division 2, Department A.

Review Granted January 26, 1989.

Attorney(s) appearing for the Case

Slutes, Sakrison, Even, Grant & Pelander, P.C. by John Pelander, Tucson, for petitioner City of Tucson.

Murphy, Clausen & Goering, P.C. by David L. Berkman, Tucson, for petitioner State.

Haralson, Kinerk & Morey, P.C. by Dale Haralson and Gregory G. Wasley, Tucson, for real parties in interest.

Thomas E. Collins, Maricopa Co. Atty. by Richard A. Stewart, Phoenix, amicus curiae.

OPINION

HATHAWAY, Judge.

The sole issue in this special action is the constitutionality of an affirmative defense to claims against public entities created by the legislature in A.R.S. § 12-820.03(2), which precludes liability for certain injuries attributable to the fault of a person driving while under the influence of intoxicating liquor. Because petitioners have no adequate remedy by appeal and the question involves significant issues of law arising...

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