1. Home
  2. Browse Decisions
  3. Ariz.
  4. 182 Ariz.
  5. 182 Ariz. 495 (1995)
 

WAREING v. FALK

No. 1 CA-CV 92-0517.

182 Ariz. 495 (1995)

897 P.2d 1381

Andrew J. WAREING, a single man, Defendant/Cross-defendant-Appellant, v. Gary R. FALK, a married man, individually, Defendant/Cross-claimant-Appellee.

Court of Appeals of Arizona, Division 1, Department A.

Review Denied July 11, 1995.

Attorney(s) appearing for the Case

Teilborg, Sanders & Parks, P.C. by Stephen Paul Forrest and Bruce C. Smith, Phoenix, for appellant.

Van O'Steen and Partners by Paul Englander, Phoenix, for appellee.

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,"...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases