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LEE v. STATE

No. CV-07-0293-PR.

182 P.3d 1169 (2008)

James L. LEE, individually and as the surviving husband of Teresa C. Lee, deceased; Kyung Hee Kim and Tae Gun Kim, children of Hyeon Bai Kim and Kyung Nim Bea Kim, deceased, Plaintiffs-Appellants, v. STATE of Arizona, a governmental entity, Defendant-Appellee.

Supreme Court of Arizona.

April 25, 2008.

Attorney(s) appearing for the Case

Law Office of Scott E. Boehm, P.C., by Scott E. Boehm, Phoenix, and Law Office of Glynn W. Gilcrease, P.C. by Glynn W. Gilcrease, Jr., Peter M. Gorski, Tempe, Attorneys for James L. Lee, individually and as the surviving husband of Teresa C. Lee, deceased; Kyung Hee Kim and Tae Gun Kim, children of Hyeon Bai Kim and Kyung Nim Bea Kim, deceased.

Terry Goddard, Arizona Attorney General, by George Crough, Assistant Attorney General, Daniel P. Schaack, Assistant Attorney General, Catherine O'Grady, Special Assistant Attorney, General, Phoenix, Attorneys for the State of Arizona.

Law Offices of Charles M. Brewer, Ltd. by Charles M. Brewer, John B. Brewer, David L. Abney, Dane L. Wood, Phoenix, Attorneys for Amicus Curiae Charles M. Brewer, Ltd.

Jones, Skelton & Hochuli, P.L.C., by Eileen Dennis GilBride, Lori L. Voepel, Phoenix, Attorneys for Amici Curiae Arizona Counties Insurance Pool, Arizona School Risk Retention Trust, and City of Phoenix.

OPINION

BALES, Justice.

¶ 1 Before suing the state or its subdivisions, a person generally must file a notice of claim with the prospective defendant in compliance with Arizona Revised Statutes ("A.R.S.") section 12-821.01(A) (2003). We hold that proof of mailing a notice of claim may create a material issue of fact as to its filing even though the State denies receiving the notice.

I.

¶ 2 James Lee's car crashed through a highway...

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