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ACOSTA v. KIEWIT-SUNDT

No. 1 CA-CV 13-0019.

316 P.3d 1263 (2014)

Alvaro Gonzalez ACOSTA and Dolores Gonzalez Sierra, husband and wife, Plaintiffs/Appellants, v. KIEWIT-SUNDT, a joint venture, Defendant/Appellee.

Court of Appeals of Arizona, Division 1.

January 23, 2014.

Attorney(s) appearing for the Case

Knapp & Roberts, P.C., By David L. Abney, Nicholas M. Alcock, Scottsdale, Counsel for Plaintiffs/Appellants.

Garrey, Woner, Hoffmaster & Peshek, P.C., By D. Reid Garrey, Erin M. Evans, Margaret K. Hoffmaster, Scottsdale, Counsel for Defendant/Appellee.

Judge RANDALL M. HOWE, presiding, delivered the opinion of the Court, in which Judge SAMUEL A. THUMMA and Judge PATRICIA A. OROZCO joined.

OPINION

HOWE, Judge.

¶ 1 Alvaro Gonzalez Acosta and his wife Delores Gonzalez Sierra appeal the grant of summary judgment to Kiewit-Sundt, arguing that the State Compensation Fund ("SCF")1 had failed to reassign Acosta's claim pursuant to A.R.S. § 23-1023(B) before filing suit. Because the 2007 amendments to § 23-1023(B) no longer automatically trigger an assignment of...

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