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GUERRA v. STATE

No. CV-14-0144-PR.

348 P.3d 423 (2015)

April Abigail GUERRA, a single woman, Plaintiff/Appellant, v. STATE of Arizona, a governmental entity; Robert Halliday, in his individual and official capacity as director of the Arizona Department of Public Safety; Officer John Doe Dudas (Badge # 6381); Officer John Doe Guerrero (Badge # 6756); Officer John Doe Ortiz (Badge # 6760); and Sergeant John Doe Ortolano (Badge # 5439), Defendants/Appellees.

Supreme Court of Arizona.

May 8, 2015.

Attorney(s) appearing for the Case

Mick Levin, (argued), Tidmore Law Offices, L.L.P., Phoenix, Attorney for April Abigail Guerra.

Mark Brnovich, Arizona Attorney General, John R. Lopez IV, Solicitor General, Daniel P. Schaack (argued), Assistant Attorney General, Phoenix, Robert R. McCright, Assistant Attorney General, Tucson, Attorneys for State of Arizona.

Elliot Glicksman, Law Office of Elliot Glicksman, P.L.L.C., Tucson, Attorney for Amicus Curiae Homicide Survivors, Inc.

Stanley G. Feldman, Haralson, Miller, Pitt, Feldman & McAnally P.L.C., Tucson, and David L. Abney, Knapp & Roberts, P.C., Scottsdale, Attorneys for Amicus Curiae Arizona Association for Justice/Arizona Trial Lawyers Association.

Vice Chief Justice PELANDER authored the opinion of the Court, in which Justices BRUTINEL and TIMMER joined; Chief Justice BALES and Justice BERCH, dissenting.

¶ 1 The question presented is whether law enforcement officers assume a duty of care to an accident victim's family by notifying the family of the victim's apparent injury or death. We hold that no duty arises from such notifications alone.

I.

¶ 2 The material facts,...

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